Tuesday, June 21, 2011

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  • EB2_Jun03_dude
    02-21 05:11 PM
    I-485: EB2 India with PD June 2003

    I was wondering why I am I getting a LUD in Feb 08? (since EB2 India is 'U').

    Now I know why :) it seems USCIS is getting ready for the deluge in April 08' :D





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  • StarSun
    02-07 12:47 PM
    IV calls for a couple of volunteers to collect the miles and purchase tickets to confirmed participants. Please contact me.





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  • test101
    07-18 11:07 PM
    what is NSC phone number ? does any one know ? thanks





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  • BECsufferer
    02-19 07:00 AM
    What do you wish? You need gc the moment you enter the country? If anyone who stays 5 years get green card.That is excellent if legal or illegal immigrant. This is apart from 140K regular quota. This will reduce backlog substantially.


    And who do you think is going to process the paperwork for illegals? ... guess again, the same agency that is processing for Legal would-be-could-be immigrants. So how is it not going to increase processing time which would ultimately result in further delay?

    Moreover, it doesn't matter wether their is delay or not. Simply, putting illegals in front of legals is ethically, morally and legally wrong!!



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  • gc_rip
    09-10 12:01 PM
    Hi IV team, and all,

    Can we come up with certain organized campaign, just like the flower campaign back in Aug 07? I am sure if we have such campaign, the participation would definitely be more.

    Ofcourse we need to choose a right time and right message to put through.

    Please share your ideas.

    Thanks!





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  • hpandey
    04-09 05:41 PM
    On the same note, Kumarc123, it is hard to see them working with 2001 EB3-India category for more than 5 years. 245(i) or not...still 5 years...how about that.

    Anyway, my point is let us leave predictions. USCIS gave their predictions way back in their Jan 2010 bulletin. Maybe we all should stick with what dates they gave us than we trying to predict.

    Now another venting, more calculations, more uproar everything will continue for 1 more week from our members...:rolleyes:

    I completely agree with you . For five years EB3 is stuck in 2001 that means people who came here 10 years back are still waiting. Something needs to be done by someone somewhere but I guess no one has any idea who can ( except the congress ) .

    All of my friends about 10-15 of them who came with me in 2000-2001 timeframe got their GC's and their citizenships in EB3 ( none in EB2 ) and I am still hanging .

    I wonder what was that which made their application go by light speed and my application go into a blackhole :)



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  • uma001
    07-29 01:31 PM
    Given the unemployment rate and also the current market condition, it is not really favorable for starting a Green Card process (Labor/PERM) if you belong to one of the field, where there are adequate number of people already available. The recent economic conditions has flooded the market with many people who might qualify, as the requirement is to accept any US Citizen/Perm Resident, if one has the minimum qualification, even if you do not have all that is requested for. Future GC holder might like this provision after GC !!

    In that case, employers should mention the following in the offer letter

    " In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."

    This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
    Can these companies do this????





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  • satyasrd
    09-09 12:48 PM
    Thanks for this post. I was about to post something similar myself.

    Seriously what is EB3 I thinking ?!? Pretty soon it will only be them stuck in this mess.
    I know several who have literally substituted their EAD for their GC and settled down comfortably. Absolutely ridiculous !

    EB3 seriously needs to wake up.



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  • kavita
    12-10 07:47 PM
    don't you think that working towards removing unfair country quota in skilled category would be faster & easier than population control?

    Now that you are enlighted about being one among too many, are you planning to go back, and reduce backlog for others?

    Also, when talking about reducing indian population, I hope that you do not agree with what 10 pakistanis tried to do in mumbai few days back!!! That is one very bad way of reducing population! I would prefer load balancing i.e. moving some ppl to part of world where population is not so much.

    Jokes apart, we need to seriously highlight the fact that as there is no country quota in H1B, since it is a skilled category visa, similarly there should be no country quota in skill based immigration too. It is nothing but simply 'DESCRIMINATION" based on country of birth. Do we have guts to fight that??? we can only talk about some stupid solutions but have no unity, no guts and no willingness to stand up for our community.


    I absolutely agree with you. I can't imagine how a person of Indian or Chinese origin can blame themselves of this retrogression. To me, it is a reflection of poor self esteem.
    The bottomline is that we are here because we are needed here. We have the privilege to apply for green card in return for the work we do. Country quota does not make sense in employment based immigration. It is an unfair practice which has to stop someday.





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  • ronhira
    04-11 06:05 PM
    Good point. I appreciate your hard work.

    This may be helpful
    245(i), Adjustment of Status Permanent Residence, Life Act | V Visa, K Visa (http://www.callyourlawyers.com/245%28i%29revival.html)

    GRANDFATHERED DERIVATIVE FAMILY MEMBERS

    Grandfathered children and spouses: Accepting Applications for Adjustment of Status Under Section 245(i) of the Immigration and Nationality Act, 06/10/1999 INS memo

    Section 245(i) defines the term "beneficiary" to include a spouse or
    child "eligible to receive a visa under section 203(d) of the Act." This
    applies to spouses or children "accompanying or following to join" the
    principal alien.

    An alien who is accompanying or following to join an alien who is a
    grandfathered alien is thus also the "beneficiary" of the grandfathered
    petition or labor certification application and is also grandfathered.

    Since an alien's ability to characterize himself or herself as
    "accompanying or following to join" the principal alien depends on the
    existence of a qualifying relationship at the time of the principal's
    adjustment, adjudicators must determine whether the relationship existed
    prior to the time the alien adjusted status. Officers should remember
    that the burden of proof to establish the qualifying relationship rests
    with the applicant.

    The spouse or child of a grandfathered alien as of January 14 is also
    grandfathered for 245(i) purposes. This means that the spouse or child
    is grandfathered irrespective of whether the spouse or child adjusts
    with the principal. The pre-January 15 spouse or child also are
    grandfathered even after losing the status of spouse or child, such as
    by divorce or by becoming 21 years of age, by the petitioner�s
    naturalization, through the parents� divorce, or even if the principal
    or petitioner dies. Grandfathered eligibility attaches to the person and
    not the petition. Many aliens with pending, grandfathered petitions or
    labor certification applications will marry or have children after the
    qualifying petition or application was filed but before adjustment of
    status. These "after-acquired" children and spouses are allowed to
    adjust under 245(i) as long as they acquire the status of a spouse or
    child before the principal alien ultimately adjusts status.

    An alien who becomes the child or spouse of a grandfathered alien
    after the alien adjusts status or immigrates cannot adjust status under
    section 245(i) unless he or she has an independent basis for
    grandfathering.

    "Aged-out" children

    Often, a principal alien who has filed a visa petition or labor
    certification application will have a "child" who reaches the age of 21,
    and thus no longer meet the statutory definition of child, before the
    petition or application is approved or the principal alien adjusts
    status. However, such an "aged-out" beneficiary will remain a
    beneficiary for the purpose of determining whether he or she may use
    section 245(i) to adjust status.

    Eligibility: An alien who is included in the categories of
    restricted aliens under 245.1(b) and meets the definition of a
    ``grandfathered alien'' may apply for adjustment of status under section
    245 of the Act if the alien meets the requirements of paragraphs (b)(1)
    through (b)(7) of this section:

    (1) Is physically present in the United States;
    (2) Is eligible for immigrant classification and has an immigrant visa
    number immediately available at the time of filing for adjustment of
    status;
    (3) Is not inadmissible from the United States under any provision of
    section 212 of the Act, or all grounds for inadmissibility have been
    waived;
    (4) Properly files Form I-485, Application to Register Permanent
    Residence or Adjust Status on or after October 1, 1994, with the
    required fee for that application;
    (5) Properly files Supplement A to Form I-485 on or after October 1,
    1994;
    (6) Pays an additional sum of $1,000, unless payment of the additional
    sum is not required under section 245(i) of the Act; and
    (7) Will adjust status under section 245 of the Act to that of lawful
    permanent resident of the United States on or after October 1, 1994.

    hypocrisy as its best...... need another quote from gandhi....

    u'r saying its crime for others to file application of their spouse & children...... aren't u waiting for the aos approval for u'r child...... but if other files for their family member..... according to u its a crime....



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  • jonty_11
    07-11 04:20 PM
    There is a lot of hurtburn among folks here abt a lot of things...Does that mean USCIS is going to cater to every case of heartburn. I dont think so.





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  • krupa
    07-25 03:57 PM
    If you see the letter and spirit of clause in the said notification, an employment letter is not required and adjudicator has to send RFE if he feels required. File with latest paystubs. If RFE sent to you , then again file latest paystub to show that you was in employment with that employer from the date of filing 485 petition and for at least another 6-7 months further to that date.



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  • nomi
    12-13 09:54 AM
    I am sure the IV core would have thought about this option of contacting USCIS and let them know the problems because of retrogression.

    But I like the idea of collecting 10$ for the fax and creating awareness. Lets move.



    so let find out who is dead of department of homeland Security and get addresses , phone number and fax. USCIS is branch of DHS. That`s where we need to contact them and ask them what we THEY can do for us and what are our legal options

    please someone work with core team to get that fax letter ready. I can do that if core team allow me

    thx.





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  • amsgc
    07-19 12:06 AM
    We need a realistic estimate of how many applications are pending with PD in 2004, which really seems like the bottleneck. Another thing to bear in mind is the conversion from EB3->EB2. That is also going to hinder the movement of EB2. There are a lot of people trying to use that route.



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  • dilber
    06-06 03:53 PM
    We got the "welcome" and "card production ordered" email for my wife and I today too. It was a long frustrating wait at times but I am glad its over for us now. Our best wishes to those that are still waiting.

    No RFE at any stage, straight forward case, never called them for status or infopass. Took them about 4.5 years.

    Here are our dates for those interested in tracking.

    PD: Jan 29, 2004, EB2
    Ohio labor approved - Oct 2004
    45 day letter - Jan 2005
    Labor approved from Dalla BEC - June 2006
    I I140 regular, non concurrent approved - Sept 2006
    I 485 sent to Nebraska - July 13 2007
    EAD approved - Oct 2007
    I485 approval email - June,06, 2008

    Congratulations Bothi_Tree and good luck... Do visit us some times and help out with calling campaigns etc... Your voice just got way more important to the Law makers then ours





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  • ksurjan
    07-24 11:07 AM
    incorrect..PD is relevant still after the i-485 application has been receipted. The files are put away and are pulled out and processed as and when the PD dates become current.

    To file for EAD/AP you need to wait until you get your I-485 receipt. PD is irrelevant after your I-485 applications has been receipted.



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  • sam_hoosier
    07-02 12:51 PM
    I support it.





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  • malaGCPahije
    03-17 04:21 PM
    What I am saying is spill over from ROW goes to EB2 first. It does not split to EB2 and EB3 evenly. So more people from EB2 gets visa granted and thus people who joined EB2 bandwagon from EB3 and had earlier PD, they get Visa quickly. Now generally this spillover does not go to EB3 from EB2 having high demand from EB2 and thus EB3 get stuck with conventional numbers with 7% country limit and thus EB3 numbers move slowly. But if that spillover happens for both EB3 and 2 equally than EB3 can also move little bit quickly which is not the case. Thus shortening the queue by switching over to EB2 does not give full advantage to remained lot of EB3.

    The recent movement in EB2 have been contributed to the spillover from EB2 ROW. That raises a question over the spill over rules. The EB2 ROW spill over should have helped EB3 ROW. But EB3 ROW is not yet C, however EB2-I moved up. If the spillover happens at the same level, then EB3-I may have hope in the future when EB3-ROW becomes C. Is such an assumption right or wrong?





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  • jungalee43
    01-19 05:49 AM
    I had posted this statistics last year on IV. I had done good research to arrive at these figures. I hope the figures will open eyes of people who are bestowed with 'blissful ignorance'.

    http://immigrationvoice.org/forum/showthread.php?p=1265#post1265




    I am fed up of the blissful ignorance that is so characteristic of so many EB-based retrogressed folks.

    Why should I care about this forum? Why should I contribute? Tell me what is wrong with me just sitting on my butt, and looking at Visa bulletins every month if

    1) I am an Indian with EB-3 PD of Jun 2002 or later
    2) I am an Indian with EB-2 PD after Jan 2005.
    3) I am ROW with EB-3 PD of 2003

    4) I am ROW with EB-2. (Ok. Here you can't convince me.)
    Any other categories I am missing.


    Post numbers, facts, figures, analysis. We will condense it to something marketable, so I can send it to people like us, and get them to participate.

    BTW, I am ROW EB-3 with an expected, I am hoping, PD of 1Q 2007.





    superdude
    09-18 11:04 PM
    I totaly agree with you





    coolmanasip
    03-13 10:34 AM
    I believe you can get an interim EAD from local USCIS office once the application has been pending for 3 months...



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