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  • rtarar
    07-19 09:59 AM
    EB3 PD Aug 2004 , 485 app reached Nebraska Service center july 2nd fedex at 7:55 am





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  • Legal
    06-12 02:00 PM
    This is my thought process (also referred by Ron G):


    July 2007 brought in approximately 500K 485 cases.

    We do not know how many cases were pending as of June 2007.

    Fiscal year 2007-2008 USCIS used over 140K EB VISA numbers (I think it was around 155K).
    Fiscal year 2008-2009 USCIS will use atleast 140K EB VISA numbers

    so, 500K - 300K = 200K.

    Assuming USICS approval rate is 85%; 75K of 500K are denied.

    200K - 75K = 125K EB cases pending from the July 2007 cases.

    Additions: from all current categories - may be 25 K in 2 years?

    So, 150 K plus whatever that was pending as of June 2007.

    So next fiscal year, 2009 if USCIS uses the quota 140 K, most or all of the 2007 filings will be cleared. If not EB3 I, definitely EB2 I and C, EB3 ROW will be cleared.

    Depending on new filings, EB3 I might retrogress but retrogression might come within 3-4 years instead of current 8 years.

    I strongly believe, beginning Jan 2010, dates for EB2 (I and C) will move forward heaps and bounds followed by EB3 ROW.

    "Law is an ass".

    One potential loophole (I realize it could be wishful thinking on our part) is how the current law is interpreted. Let's say USCIS interprets the current law in such way that preadjudcated cases have to be approved before taking in new cases, then the country cap hurdle could be overcome without legislation.

    With the current economic situation, tightening of PERM, etc new EB-2 row applications are likely to slow down further. At the most, new approvals will have to be delayed by 12 months or less.

    Could it be legally challenged? Could someone bring a lawsuit to force USCIS to stop issuing GCs to people who have been waiting 10+ yrs or more? possible. I doubt anyone can force them to cancel the already issued GCs.

    Then USCIS could say they have enough preadjudicated cases, and are not able to adjudicate until they clear the backlog.;)

    For the politicians and USCIS this is a much better way to handle India EB backlog than to "issue several hudred thousands of foreign laborers immigrant visas when American citizens are losing jobs in millions" through recapture bill.

    I feel like I just wrote a short story.:)

    Members, feel free to comment.





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  • gg_ny
    03-17 09:40 PM
    Patton Boggs is a lobbyist hired by IV, Can he help in this situation ? It may be the case he already may be working to get something thru ..

    we all write to Bernake that some 10, 000 immigrants will buy homes if we all get a GC. 10, 000 may or may not buy a home, but let us just polish the numbers a little bit. 10,000 * 300,000 (average home price) = 1 million billion dollars . Actually the total figure is 3 billion $$; enough to give a massive jolt to the sagging economy.

    mails by albertpinto

    please do not stop posting like the above just because some walking_dude has tried 650 times to sound serious and bring sense. your postings are really energizing and hilarious in these difficult times. I work for a firm contracting from the Big Bear and in these difficult times postings like these, particularly albertpinto's, are soothing for their comic sense (sounds as though the writer meant what he/she posted).





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  • makemygc
    07-06 12:37 PM
    What if USCIS doesnt return the applications , and releases a press note ,s aying that all applications are being accepted , but they would be processed later (not approving EAD and AP). That would be creating more havoc in our lives.

    I personally feel a very likelihood of this. After the lawsuit, they can negotiate that all right, we are not going to reject any application becuase it is going to create problem for the customer so we are just going to hold it but will not process until the visa is made available. They can simply kill 2 birds with one stone. Hope they don't ready my post and come up with this idea. ;)



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  • kartikiran
    01-21 03:19 PM
    Hello,

    With me having a pd even prior to of Mar 2002-EB3I, I thought I will join hands with IV to make something happen. To the extent I went and joined the IV chapter too.

    Unfortunately, starting with the forum to most of the news that is being discussed seems to be not related to immigration at all. Example, accidents, investments, real estate. I feel the admin should be able to control and strictly adhere to what ImmigrationVoice stands for and delete any other unrelated threads.

    Anyway, long story short, I feel IV has lost its focus and feels like for people who are looking at a proper approach to resolving problems, the web site does not give any reason or confidence, to follow or join hands for IV activities.

    Just my opinion. Feel free to agree to disagree whoever would like to.

    Not trying to blame anybody here, but sharing a viewpoint. In my opinion IV was great sometime back, but feel now there is a lack of direction.

    I understand there could be lot of negative & positive comments about my reply here or me joining activities etc or not joining IV initiatives etc. I will explain my stance on those later.

    Thanks.





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  • CADude
    05-22 02:11 PM
    Luck is supreme with USCIS. :)
    If your lucky no date matters it will be approved any time



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  • laborchic
    10-09 01:41 PM
    So mpdapa can we expect you on Friday ?





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  • map_boiler
    07-06 12:54 PM
    CAdude, possibly you're the person in DENIAL mode. You are free to take the chill pill or any other pill you want (I am not seeking your advice for that purpose anyways). If you have a direct response to the point I made, feel free to respond, otherwise, please don't bother...

    All you guys in DENIAL mode. Like Home seller in todays market. take chill pill and enjoy the life (what ever left after fisaco). :)



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  • villamonte6100
    11-20 08:46 AM
    I visited the PA DMV yesterday to renew my driving licence based on my pending I-485. With all the valid documents like EAD, I-485, SSN card, I-94 etc. They refused to renew it saying that they have a new pilot program implemented called SAVE and need to get clearence from that, it will take upto 30 days. Anybody else gone throgh this proces?? Day by day more hurdles to pass...what a life, why dont they keep their systems uptodate or provide some temp permit as long as their check is pending. I am frustated with all this GC process, name check, DL SAVE system check etc..Why dont they implement just one check and give approval to everything.. atleast make it less time consuming.

    Anythoght from anybody? anybody else went through this SAVE (Systematic Allien Verification for Entitlement) program, or am I the only one??

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=71cf58f91f08e010VgnVCM1000000ecd190aRCR D&vgnextchannel=71919c7755cb9010VgnVCM10000045f3d6a1 ____


    Yes, 4 of my frineds in Colorado went through the same process called the "SAVED". I was the one who started this thread to find out if other states have already started using SAVE and it seems other states are reluctant to use it.

    Ironically, the DMV in Colorado got sued last week regarding this new process because US citizens were badly affected by this. Please read the article below.

    http://www.denverpost.com/search/ci_4674598

    My wife's DL will expire on 02/07 but because of this new process, we decided to visit our local DMV here.

    They renewed her license with just the new 797 and passport as the requirement. I don't know if the law suit has got something to do with the change.

    My other friends are still waiting to be cleared by SAVE and couldn't drive.

    Goodluck.





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  • sledge_hammer
    04-15 10:32 AM
    What a jerk your desi employer is. It makes me so angry that these scumbags are getting away doing these things.

    First things first - deliver the baby. Take some of the suggestions given here by other members regarding insurance.

    Once all this is done sue the hell out of your desi employer. There really isn't anything (I guess) you can do about your client. But you can definitely take your desi employer to court for terminating your employment. These guys deserve to pay a hefty fine and lose their business license!

    Yesterday, I was told by the client that my project is going to end by this month end i.e Apr 30. Actually it was supposed to go for the next 2 years. I am currently in the project working for the project. They said the lay off was becoz of budget issues. But I see I am the only one that is target in this lay-off. I am working with the same client for the past 3 years. The lay off news was really shocking and devastating.
    I am currently 9 months pregnant. As the client did that to me, I thought that atleast I might have some options with my current employer. My employer is a desi consultancy. I never been on Bench for single day for the Past 6 years ( Day 1 that I entered into US to till now).
    When I spoke to my employer today he gave me a termination letter stating that my project end date will be my last date with them. It was more shocking. I will be on maternity leave anytime in month of may depending on the delivery. I don't see any possible options that any client can take me into project when I am in 9th month of pregnancy.
    As my husband is doing consulting, I filed the green card thru this employer, 485 is pending more than 180 days, 140 approved in EB2 category. We paid all the attorney fees and filing fees from our pocket. We spent nearly $10,000 for the GC process. My husband was on bench for the past 2 months. He got a job on EAD which is going to start next week.
    1. I see that my employer is terminating me immediately because he can avoid maternity expenses. I told him that I will take 3 months FMLA for unpaid maternity leave from Apr 30th. And look for the Job immediately after delivery and get into the Job. But still he is telling he won't provide me that time. Maintaining the status is very important for me as me and my husband depends on the EAD.
    2.My medical insurance is with my employer, If I get laid off in this critical situation, I won't be having insurance. We can't afford the delivery expenses without insurance.
    3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages.
    4. And also not sure that the insurance will be under the network of OBG/YN and the hospital I registered for delivery. His job is in different state but he will find out the options once he starts his job next week.
    5. Does anyone think that my employer is discriminating the law? He is terminating me immediately becoz I am pregnant.
    I am not sure whether he is doing the right thing but the situation I am in is the worst situation I ever expected of. Its lot of stress on me and my baby. We are unable to sleep for hour with all the tensions ahead. My husband's job is dependent on my valid status. If something screw up we both be in very bad situation. I really don't want any one in my situation.
    Please help me, if any one know any options where I can maintain my status during the pregnancy and maternity leave, Please tell me.



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  • jsb
    01-15 10:31 AM
    Disagree, the reason you see lot of cases with (older PDs but later RDs) still awaiting approval is because when the PDs were current these cases were still not ripe (e.g: they were waiting name check clearance)....
    .

    My argument was on when your file will be looked at the first time. Of course, to get visa number numerous conditions, such as PD Currency, name-check, various documents, etc., have to be met. What I meant is that your file will be looked at the first time, only after cases physically received at the center reviewing your case (no matter what RD is shown on your receipt) before your case was recieved, have been looked at.

    Thus, even if you name check is cleared, your PD is Current, and you provided all required documents, if there are cases physically received before your case was received (no matter what RD is shown on your receipt) which are still to be looked at (at least once), your file will not be looked at.

    Note that when you call Customer Support, they recognize Receive Date what you see in your online status as "...your case was received on...", which may be quite different than RD on your receipt.

    Processing Dates published in monthly reports for each center are manually entered by their staff, and do not tell whether those dates mean "no case is pending older than this date", or "at least one case has been dealt with past this date", as the truth is something in between.

    Of course, internal processing and handling of physical files could be anything but known to the outside world. For example, it is possible that an officer was given a bundle of cases to look at, but then he/she proceeds on leave for 4 weeks, leaving them on desk to work on his/her return.





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  • GooblyWoobly
    09-20 03:36 AM
    those people are too busy on the tracker threads now

    "Those people???". What do you mean by that? These are people who are trying to get permanent residency on their own right, based on the skills they have honed for years. I don't like the condescending tone of your voice. What makes you better?



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  • chanduv23
    09-23 10:48 AM
    Thank you Chanduv23, for the prompt reply.

    Oh, I trust the attorneys to file it correctly, I was just wondering if there was any way of finding out if it was received and processed correctly. With the H1B, 140, 485, etc. you get a receipt notice, but I wasn't sure if that was the case with the G28, probably not.

    The thought of the remote possibility of any correspondence from the USCIS going to the old attorney (for whatever reason), and not making it to me/new attorney in time to respond to it, is a little unnerving.

    Well, anyway, no point losing sleep over these things, although it is easier said than done.

    Again, thank you for sharing your experience here, it is VERY helpful.

    I agree. And this has happened. This happens NOT because new Attorney's G 28 did not get filed properly, it happens because VO may mix it up. Usually when a employer requests a revocation of 140 - in real - what the employer requests is "As this employee has left the company the prospects of his future employment with us is not there and we will not support this 140 petition in future. In other words an employer is telling INS "They will never hire you in future".
    So the VO does two things here. They send acknowledgment letters to the employer and their Attorney on file and send RFE/NOID to you and your Attorney. In this process some mix up might happen. Remember, a lot of VOs are very ignorant about AC21 and they may not follow the guidelines properly. Under the AC21 law it is clear that all you do is to change job to a same/similar position. As long as you follow law nothing must happen.

    Check your online status regularly - if you see LUDs call customer service - verify your address. If you do not get mail in 5 days - call again - if it is 15 days past call and ask them to fax it.





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  • pappu
    08-22 03:55 PM
    What's Next After 485 Receipt?

    trackers for EAD and AP :)



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  • desi3933
    06-18 12:16 PM
    my point is if dates retrogress and if processing EAD's and AP's takes a long time getting a EAD might be easy in the first 60-90 days but renewals will become more difficult.

    its ok for folks that are within their 6 yrs of H1b but for others it will be a big head ache. As someone already mentioned earlier, you might have to apply for your renewal EAD the day after you get your 1st EAD and so on.

    Maintaing H1 status (even during I-485) is a very good idea. One can get H1 beyond 6 years (in one year increments) if I-485 is pending.

    I would apply EAD renewal after 3 months. It is a small price for peace of mind.

    ----------------------------------
    Permanent Resident since May 2002





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  • belmontboy
    03-19 04:44 PM
    Ye...we all see your moral standard here.


    You reputation has gone up because you are supporting a shoplifter over hook...? wow. Support sex offenders, rapist and drug addict and kidnappers... you would get even more reputation.

    Each of our past has its own dark stories buried somewhere.
    Who are we to decide whats wrong and what right? are we that "good" to say that OP is "bad"??
    Have we lived a honest and sincere life?? we should ask these questions to ourselves before weilding knife at OP.
    Give the OP guy a break. He is expressing remorse for what happened [again i am not getting into the discussion of whether he is innocent or criminal here].
    But do remember that all "shoplifters" are not criminals. Some go through misunderstanding process and get convicted. So without understanding what exactly happened, don't start judging people.

    OP: you are showing remorse, you are one step closer to forgiveness from god.
    Regarding immigration issues, please consult a criminal immigration attorney [they do case analysis and give you memo kind of thing that describes whether you case falls into CMT or not, and whether you are admissible or not]



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  • natrajs
    08-21 11:56 PM
    Dear Friends

    With the Current Wave of Applications we never know how long its going to take to get an approval

    We have to advocate for Law changes and make the Senate and Congress to address this issue, If not it may take longer than you think

    Support IV's Effort





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  • funny
    09-26 01:38 PM
    So what is the general feeling about the Original GC sponsoring Job, Should we continue the Primary Job and Start a company on the sides. In my case

    1. I am not on H1B anymore
    2. I am already using my EAD with my GC sponsoring employer.
    3. My Employer is ok if i leave the company ( i have been with them for 6-7 yrs now and they have made enough from me...fair enough i think)
    4. My employer will not revoke the I-140 for sure.
    5. My client is ok to work with me if i start my own company.

    All the above points make me inclined towards starting a company and work for it, Do you think it is not advisable to change the employer specially in the case when you are starting your own company..





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  • snathan
    02-11 03:21 PM
    Looking at the Labor cert , it says "Masters degree" and NOT "Masters or equalent". that might be the caused the I140 denial .

    Any one had this situation before ?

    Thanks
    -vinod

    That might the cause...whats your qualification.





    mhtanim
    10-25 04:08 PM
    Shimul: so did you finally get to see your I-485 status as "Approved" at USCIS's website?

    Please inform us when you receive your green card in mail.





    gc_chahiye
    10-05 01:22 PM
    I don't think they mean to say that High tech workers are illegal. They say that their poll indicates Republican voters who earn more than $75000 would like a candidate who opposes illegal immigration. Atleast, that is the way I read it.

    They have to say they oppose illegal immigration because it is the WSJ. Republicans read it and they like bashing the illegals and it increases circulation.

    no that makes no sense. There is absolutely no need to mention illegals in that paragraph where they are talking about high-skilled immigrants. There is no one (well except Bernie Sanders and Tom Tancredo) who is against high-skilled immigrants. Hard to find a line against our cause, so they lump in a line about illegals? Thats plain stupid.



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