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  • priderock
    07-10 10:58 AM
    I understand each and every part of that DOS statement.

    Peace! Relax! Let's wait and watch!

    I thought so too :) :). Your's was just wishful thinking.





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  • sundar61982
    08-13 05:20 AM
    Posted the first message in a different place.. Got the approval notice "Welcome to United States of America" in mail yesterday morning as well..


    --------------------------------------------------------
    Got email approvals on our I485 with PD of Mar10 2006 on EB-2..

    For myself:
    On August 5, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.
    Your Case Status: Card/ Document Production

    On August 6, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.



    For my spouse:

    On August 5, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.


    Country of Chargeability
    India
    Service Center
    Nebraska
    Labor Type
    Perm
    Perm Center
    Atlanta
    Labor Approval Date
    03/10/2006
    I140-I485 Concurrent Filing
    Yes
    I140 Mailed Date
    05/10/2006
    I140 Filing Type
    Regular
    I140 Approval Date
    10/17/2006
    July 2007 Filer
    Yes
    I485 Mailed Date
    07/30/2007
    I485 USCIS Rcvd Date
    08/06/2007
    I485 Rcpt Notice Date
    09/10/2007
    Finger Print Notice Date
    09/18/2007





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  • 485Mbe4001
    10-03 03:51 PM
    What is the root cause for namecheck issues ? the Ombudsmans report mentions
    a) the value/benefit of the name check process is undecided.
    b) lack of resources and funding to process all the name checks.
    (premium processing will provide those funds)

    immigration relief like recapture, more visas etc require congressional approval and i dont think we will see any till mid 2009 after the election is settled.

    Like 140 premium that program will be first suspended and then dumped eventually because there are resource and Process problems internally.

    Unless you fix root causes - these Premium things ain't going to work.





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  • kate123
    03-31 11:59 AM
    Agreed, Thanks for correcting me :)

    The calculation looks incorrect.

    You considered the I+ C allocations and subtracted those in line 1. You again subtracted those in your final calculation.

    The straight forward calculation is EB2 ROW is entitled to 34,436 (1) and they used 27,406 (2). So splillover was around 7 K.



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  • nk2006
    11-08 08:38 PM
    I am sorry if I am wrong, but do you think if IV CORE try to hold a meeting with top CIS officials on this issue, wouldn't that be more effective? Many members reported not getting proper response to letters. Who knows whether anyone @CIS has time & willingness to read and act on our letters? Why not take an active approach rather than passive one?

    I agree, We still should send the letters though. I will send mine by monday Nov. 10. Meanwhile, if we can do the webfax or email, we may can have more members participate. just my 2 cents!

    Thanks for planning to send the letters.

    Actually this letter campaign is just one part of the whole exercize. There are other efforts to talk with USCIS officials but to get positive/quick results we need to make enough noise so that officials recognize that it is a problem affecting large number of people. We need to keep on sending letters.

    As can be expected its not an easy task to establish a proper channel and talk to officials and make them agree that recent spate of denials are wrong and are not in accordance with AC21 regulations (as someone pointed out AC21 regulations are only guidelines and not rules - so we need to tread a careful path here). To establish this proper channel and also for strong negotiation in our favor - we need to bring attention to this issue. The best way for that is to write to them - of course we might receive some generic replies, its fine - but if we send hundreds of letters with same request/complaint it does will catch their attention and help us in speeding up the other steps that are thought of as part of this campaign.

    But first thing is to write - its kind of disappointing to see the number of letters sent (or to be sent). It only takes a few minutes.





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  • makemygc
    01-25 12:11 AM
    Actually, this is a new rule it seems. We also faced it this time. Airlines have to verify the visa. When I was flying through Air India via jfk and also when I was returning from India, both times my visa on my passport was scanned by airlines official. You will see some guy carrying a laptop kind of device and he/she will scan your visa before even you go for boarding pass. In our case, since visa was expired they asked for Advanced Parole.

    It was on Dec 2005 . Luftansa . Chennai - Frankfurt- Dallas . I was waiting for my boarding pass . I handed over my e ticket to the lady at the counter. Instead of issuing the boarding pass , she asked me about my H1B papers. I got confused . Why should I show my papers to this lady ? . Since it was my very first trip to US , I meekly showed her my papers.After that she had issued the boarding pass.

    Friends, you may think I am very meek.This was not my first overseas trip. I had visited Japan previously. I didn't want to have fight with her and start my journey in bitter taste from the beginning.

    Don't think only Non-Indians treat Indians shabbily. Our enemy is within.

    If I happened to see that lady once again in Chennai -------



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  • gccovet
    08-07 11:37 AM
    I don't think that either, but as long as they are willing to fund my operation in part or otherwise, I am good to go...


    I am open to reveal anyone my identity and discuss my plans who has voted Yes


    I was not planning to file for EB2, but after all this hoopla you have created, I got highly motivated. I am going ahead with it. I don't know your PD, I hope, really hope it is later then 5/04 as I will interfile to EB2... very soon.....stop me if you can!!!

    GCCovet





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  • fatjoe
    10-06 02:03 PM
    It happens to me too. Anything too good has always followed by something bad and vice-versa. I am just talking about the pattern. When my LC got approved, my spouse was severly ill and diagnozed with severe un-curable heart condition and is under expensive & tedious treatments now. We have to confront life as it comes and avoid making any hasty decisions based on the situation. That's the main reason, I am desparately waiting for GC, so that we could get better treatments, which I cannot even imagine to get in India.
    Anyhow, here is the letter I have drafted to Napolitino. However I would like to stress the point that USCIS has to approve the applications based on PD, but lost for words. (Thanks SoP for your idea of first few sentences in this letter)
    *****************
    Dear Secretary Napolitano:
    I would like to bring to your attention that my Green Card process is unfairly getting delayed despite the fact that all checks and clearances were completed and my application was pre-adjudicated. Above all, visa number is available as well to approve my case.
    I, <name>, have filed for I-485 to adjust to permanent resident status on August 17, 2007, based on employment (EB2). My priority date is July 2004 and is current and my case is beyond the stated processing time.
    I took infopass appointments twice after our dates became current and raised Service Request 40 days ago. But no action has been taken in our case so far.
    I am really frustrated about the long wait, considering the fact that all checks were done and our cases have been pre-adjudicated. My frustration is not only because of the long wait, but the applications with Priority Dates later than our ours like December 2004 and January 2005 were approved. I am not sure of the pattern followed by USCIS.
    Senator's office is already following up with my case. But nothing seems to be moving.
    Ms. Napolitano, your action is urgently needed to approve my case as I have been waiting for more than 5 years for the green card and I am afraid that visa number may become unavailable soon.
    **********
    I welcome anyone's suggestions to make the letter look more professional, catchy, touchy, etc.

    SoP/any one, feel free to send me a private message.

    Thanks.


    There has been some requests for the letter format that I sent to Napolitano and Mr. President. I can't put them in the public domain but I'll be happy to send them if you give your personal email ids.

    Yesterday was a very eventful day for me...in the afternoon my wife got approved and 12 hours later we had to call in emergency 911 to take her to the hospital as she was having such strong chills and violent shakings..we all got scared and we have a 2 and half month baby on top of that.....but with strong dose of antibiotics and drips she is better and back.....wow what a day and night.....

    In any case I'll answer all your queries....I feel the option 4 is the best way to get to TSC...I have always used that....congressman's office has discretionary powers and you should use that.....use strong words it is your right......they are here to serve you unlike in India where they are there to get pocket your money....no pun for my motherland but unfortunately it is true....

    Try a time frame of 4:30-5:30 EST to call the TSC or NSC for that matter...ppl are in a better mood at the end of the day and on thursdays and fridays.....ping your lawyer and ask him or her to intervene......if you know for sure your case is preadjudicated write it strongly in your mails to DHS and others.

    I had in fact attached the previous year letters and their responses back to me in my last mail to Napolitano and it was really quite strong.....I am sure it is hard not to take a note of it......I don't mince words and I believe that one should fight for one's rights....

    I have been associated with organizations like ASHA, AID and DISHA for long and that have taught me a lot too.............


    Again your attitude should be "You have nothing to loose"...so make a best case for yourself and go for it...

    SoP



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  • madhuvj
    08-21 01:49 PM
    Just because some one said, VDLRAO predicts right, he has become a Psycic Guru here. Please stop this. Every one keeps saying , he predicts everything right. Did he predict, EB2 with PD2006 will be processed before EB2 with PD 2003. Come on Guys, Give me a break and stop this rubbish. What did he predict and on what basis. I dont have anything personal here, I appreciate him, taking efforts to come up with some number based on the calculation. But Please stop spreading this on every forum that He predicts right.





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  • chanduv23
    10-29 07:31 AM
    Dear IVans - there will be more discussions and analysis coming on IV in the coming days.

    At this time, please participate actively in this campaign.

    If anyone thinks that this does not affect me because my ex employer won't revoke 140 or I am having US masters or I work for best company or I have unique skills and whatever you think , you are making a big mistake by taking this issue for granted.

    AC21 Memos (Yates & Aytes Memos) are not legally binding. They are just USCIS guidelines and not legally-binding (on USCIS) regulations.

    So, potentially anyone can be a victim.



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  • grupak
    03-24 10:37 AM
    Yes, it is for a job which does NOT require security clearance.

    Is there a formal way / method to let the company and USCIS know of such discrimination ? Any published guidelines from USCIS ?

    Your response would depend on how badly you want this job.

    Most times the hiring staff doesn't know the law and are too lazy. Anything out of the ordinary, they just reject.

    If you want the job, you don't want to appear like a trouble maker. So, you could just write back politely that you were surprised by the disqualification since the Department of Homeland Security (do not write USCIS) had issued the EAD and enquire if they know that DHS guides employers against discrimination towards EAD holders. You can mention or attach form I-9.

    Alternatively if you want to hold their feet to the fire, you can contact a lawyer. Hiring a lawyer should get their attention. Let the lawyer contact them. And also let DHS know about this employer. Write to them.

    In any case, we cannot let employers come up with their own laws after we have gone through so much to get to the EAD stage. The law is the law and we are following it.





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  • a_yaja
    01-24 02:12 PM
    For those in South ( Texas, Oklahoma, New Mexico, Louisiana) best way to go to India is new Emirates direct flight between Houston and Dubai and then onward to India.
    I have had 3-4 friends fly this route since they started flying in November 2007 and they have nothing but praise for everything. These guys have excellent food and entertainment and no transit visa hassels plus duty free sopping in Dubai is good.


    Pluse - they put you up in a hotel if your Dubai layover is more than 8 hrs (for economy class passengers) and you get a free transit visa to visit Dubai. During my last trip to Bangalore, I went via Dubai (NYC - Dubai direct flight) and on my way back we had 11 hrs layover. My wife and I got a chance to see the city. Next time we are going to India we are planning on staying for a few days and go for their desert camp trip.



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  • yawl
    06-29 05:43 PM
    AILA Follow-up to Update on July Visa Availability

    From: AILA National
    Sent: Friday, June 29, 2007 5:48 PM
    Subject: Follow-up to Update on July Visa Availability


    Further to the email earlier today about July visa availability:

    Several members have asked whether they should continue in their efforts to
    file adjustment of status applications for employment-based cases. Of course
    , this is a matter for each attorney's best judgment, but note that:

    -It is not certain what day the revised Bulletin will be issued.

    -It is possible that the revised bulletin will not issue at all--efforts to
    stop this unprecedented action are being pursued.

    -If you "front desk" the application, i.e. decide it is futile to file, and
    a remedy opens up later, having submitted the applications may improve the
    chances of utlizing whatever fix might be available.

    -If you do submit the adjustments, be sure to use a method whereby you can
    document delivery, and keep that documentation for each client.

    -AILF's Legal Action Center is seeking plaintiffs with respect to both the
    adjustment applications that were or are expected to be rejected for June
    and the adjustment applications that are expected to be rejected in July. Go
    to InfoNet Document # 07062975: http://www.aila.org/content/default.aspx?docid=22798 on InfoNet for the Potential Plaintiff Questionnaire and related FAQ.

    We cannot predict now what will happen, but will continue to update the
    membership as developments occur.





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  • ramus
    06-29 08:10 PM
    Core members:

    Do you have any thoughts on this? Should we get ready for law suit and help AILA with this?
    Please comment?





    Damn this sucking life man, no social life, no career life, no nothing life. Even animals must be living a better and meaningful life. It sucks big time, did it ever happen in history that uscis revised a visa bulletin on the day it is supposed to go into effect ....

    We must fill their mailbox guys, let tham know this cannot be accepted.

    uscis.webmaster@dhs.gov

    National Customer Service Center (NCSC) at 1-800-375-5283 (TTY 1-800-767-1833)



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  • 485Mbe4001
    09-24 02:49 PM
    no...
    You are assuming that the spillover from remaining countries in EB3 will be allocated to EB3 I/C/P/M. The spillover rules that changed in 2007 will ensure that those visas will first go to E1 -> EB2 and then fall to us if there is an overflow. Unfortunately that will not happen because there are many retrogressed individuals in EB2 and they will get the visas first.

    If there are 140K visas then EB3 category will get 140,000%28.7 = 40180
    NACARA program = 40180-5000=35180

    (refer Visa Bulletin October 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4575.html)
    Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002)

    deduct 15% for consular processing = 29903

    again consider 5 different Chargeability Areas
    such as CHINA mainland born, INDIA, MEXICO, PHILIP-PINES and rest = 29903/5= 5980

    Worst case scenario, USCIS will have 5980 visas available for FY 2010.
    Now, if you compare data published by USCIS on pending cases can we guess
    we should see forward movement for EB3I at least July-2002 by end of FY 2010 ?

    Is it fair assessment?





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  • sotaz
    01-24 04:07 PM
    Flying through Asian Countires is not an option for people residing in East Coast. I am travelling to India in the next week Via Amsterdam. I am told by the consulate that we do not need Transit Visas. My H1B Visa is expired and I am travelling on AP. Did any one hear differently?

    Thanks
    Thats correct - they don't need transit visas - I did in mid-Dec, 2007 - absolutely no hassle. Also, I find Schipol one of the most pleasant airports in Europe (barring Munich).



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  • eb_retrogession
    01-27 04:56 PM
    1.
    RNC Bows to Bush, Kills Immigration Resolution
    By John Gizzi
    Human Events Online, January 22, 2006
    . . .
    Given the growing chasm between the Administration and GOP grass-roots activists on the issue of illegal immigration, the Pullen measure could well have paved the way for the most incendiary debate at an RNC meeting since the party�s ruling members eight years ago voted down a measure to deny funding to candidates opposed to a ban on partial birth abortion.
    . . .
    http://www.humaneventsonline.com/blog-detail.php?id=11790

    2.
    The Illegal Immigration Lobby
    By Don Feder
    GrasstopsUSA.com, January 17, 2006
    . . .
    Similarly, every call for immigration reform is answered with lusty shouts of racism by the self-styled champions of �immigrant rights.�

    You want to start protecting our borders? You�re a racist. You think illegal aliens are responsible for a disproportionate share of crime, disease, poverty and social disintegration? You�re a racist. You believe America has a national language, and it isn�t Spanish? You�re a xenophobic, hate-monger (even if you�re an immigrant or the grandchild of immigrants).
    . . .
    http://www.grasstopsusa.com/011706.html

    3.
    Threat to Immigration Reform
    San Antonio Express-News, January 23, 2006
    . . .
    Illegal immigration is a hot-button issue these days, and calls for a border fence spark fierce support among some segments of society.

    That support is misplaced; undocumented workers who risk death to cross the border will not be deterred by a wall.
    . . .
    http://www.mysanantonio.com/opinion/editorials/stories/MYSA012306.1O.tancredo3ed.210fd555.html

    4.
    What's FAIR Got to Do With It?
    By Tom Barry
    International Relations Center, January 19, 2006

    The House's approval of the Sensenbrenner immigration reform bill in mid-December was a clear signal that the most virulent restrictionists were in control of the immigration policy debate.

    Sponsored by Rep. James Sensenbrenner (R-WI), chair of the House Judiciary Committee, the Border Protection, Anti-Terrorism, and Illegal Control Act calls for the extension of a fence along a third of the 2,000 mile U.S.-Mexico border, involves local law enforcement and other government officials in immigration enforcement, and denies due-process of law for immigrants. The bill sparked a spate of international criticism of rising anti-immigrant sentiment in the United States , and raised alarm among immigrant communities and their advocates.
    . . .
    http://rightweb.irc-online.org/rw/3053





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  • Green_Print
    07-11 08:50 PM
    eb3_nepa,
    The whole idea of this campaign was to get media attention and publicize this issue as much as possible, which we all know that it did just that quite effectively despite all the apprehensions and reservations expressed.

    This campaing was never thought of as a panacea for all our problems, whether it will lead to a fruitful or POSITIVE result that is still unknown. What is known is that this drive has provided some much needed traction and attraction to our cause, which is the important RESULT at this point in my opinion.

    All I am trying to say is that we should give some thought and imagination before discounting or discarding an idea even if it appears to be far fetched at first. Any idea proposed which is out of the ordinary will be meted with reservations and oppositions, after all its nature's law that there is always resistance to change,:rolleyes: good or bad.

    I don't want you to be eating your words :D , I know for sure that you want this problem resolved as much as anyone else on the forum.:D

    Everyone has right to be SKEPTICAL and even I am SKEPTICAL about the final outcome of our over all struggle, but I wasn't SKEPTICAL about the outcome of this campaign.

    May the force be with you.:D

    Yes I was the one who suggested the dead fish. I belive in RESULTS, if sending these flowers actually ACHIEVES something, I will make a nice big biscuit of my words and eat them :).

    Until we see ACTUAL "POSITIVE" RESULTS I am still going to be skeptical. Sure we have made a lot of noise and it has been heard by a lot of miscallaneous people. So were the rallies held by the illegals. What happened? NOTHING! So until I see some results YES I will STILL be skeptical.

    Other than that, I really really really hope for everyone's sake, that this works and if it does I will eat my words and become a believer:)

    So much for being mum eh ;)





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  • pitha
    09-24 07:40 PM
    To Add to what you have said, I would say getting EB2 approval is almost impossible because not only is DOL cracking down on EB2 perms because of bad economy, DOL also knows that people are trying to reapply in Eb2 to jump ahead and they are stopping that practise.

    The following information is asked in the first field of ETA form 9089.

    "1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
    "1-A. If Yes, enter the previous filing date"
    "2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"

    With the above information from form 9089 DOL knows the people who are trying to jump ahead by interfiling. Thats an almost gaurenteed audit. The attorneys already know this and this is the reason why many companies are not entretaining filing any EB2 perm. If anybody is lucky they might find a company willing to file eb3 perm after 6 months but no company wants to file Eb2 perm. interfiling \porting from eb3 to eb2 is a pipe dream, people cant even get eb3 approvals or alteast companies willing to file eb3 perm.


    "interfiling" to use old EB3 PD for new EB2 is not the easiest path for EB3-I guys specially if they have used AC21 and work on EAD now ( Most of us are in this category). Priority date porting is not an issue, USCIS does not have a problem with that. The problem is with "Job definition and level". While one use AC21 claims job position matching EB3 job classification and if there no enough progression gap between AC21 usage and "inerfiling" It becomes hard for a lawyer to convince USCIS that fellow is matching EB2 capability under same job classification. Hundred of such intefilings are waiting without no action from USCIS. My lawyer's advice wait till we logically can establish the skill progression, in other words minimum 3 years of wait from the day AC21 usage. And other important thing is "real promotion" in position should happen at employment and this whole explanation is based on assumption of employment at the same employer. If you change employment inbetween after AC21 usage and before interfiling , your 3 years wait cycle starts from new emploment date. I have not filed "interfiling" just because of these reasons and waiting for correct time to do that. In other words Eb3-I is really and badly screwed.





    chanduv23
    01-29 06:47 PM
    Is there some master list of companies that have been filed against ? Do you know of anyone on this list that have done so and won ?

    What will that accomplish really ? I dont know if working for this place will be a good idea anyway after filing a suit against them... but OTOH if it helps other people or at least if its out there on the net, so other companies wont get his brilliant idea....

    just musing, thankyou for replying to my posts so quickly.

    As such, you have to start looking for other jobs because you are not sure if they will accept EAD even after a week.

    If they offer you the job, well and good, but if not, I think you can litigate for various reasons because what they did is not right.





    walking_dude
    10-17 11:23 AM
    I don't think the madness will end anysoon, as Lou "Liar" Dobbs show is providing execellent TRP to CNN. And advertisers will put their money in shows that provide maximum coverage. Forget Dobbs, there are so many copy-cat imitators in all sorts of media - including print media - who have began imitating BALANT LIES tactics of Lou. Expect the situation to get worser and worser, with every passing day, as LIAR Dobbs is easily left off without facing any damages for his 'Libelous' and 'Defamatory' actions


    Only way to stop this madness is to make the lies - COST THEM FINANCIALLY - CNN and Lou Dobbs in particular. This can be made only by filing a Class Action Libel and/or Defamation lawsuit(s) against CNN and Lou Dobbs.

    Question is who'll bell the Doggs?



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