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  • mamit
    02-12 04:14 PM
    the first contact for the congressman's office is the relevant consulate. so it doesn't hurt. it is a simple process. your boss has to sign a confidentiality release document for you and attach a cover letter. to help your boss, identify the congressman, go to the congressman's website and find out where the forms are, write a draft cover letter etc . you can do this yourself i.e enquire as a constituent just in case you don't want to involve your boss. i think it may be better that it goes through your boss

    Thanks Bpositive. I called up the DOS yesterday and they said they don't hve any record against my case number with them. Does that mean the embassy still haven't send my info to them (which I doubt since its been 10 weeks since my visa appointment at Delhi) or does it mean that my security check are ongoing? Should I visit Delhi consulate in person and talk to them about it?





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  • singhsa3
    08-22 06:27 PM
    It is unfortunate that people don't even try to understand the issue and just go about complaining it.
    Most people can't even differentiate between what is law and what is not. What are difficult things to accomplish and what are not.

    It is absolutely imperative that 5882 pass otherwise the situation will continue to exist.
    Here are the my estimated waits for EB3-I
    PD(end of the calendar year) and its corresponding wait in years
    2001 1 year
    2002 3 years
    2003 4 years (Bad economy in 2002 and early 2003)
    2004 7 years (Case surge in 2003 and 2004 due to booming economy)
    2005 8 years (fewer cases in 2005 due to PERM)
    2006 10 years
    2007 12 years
    2008 .....


    I think we are fighting the wrong fight. I do recognize the whole EB system is unfair and in particular to I/C/M/P.
    The letter campaign is a great initiative, but I am not sure if we are focusing on the right problem. By saying that the new "interpretation of the spillover" is cruel to EB3 I/C/M/P is plain wrong. Both old and new interpretations were unfair to EB3 I/C/M/P.

    Old interpretation resulted in good forward movement to EB3 ROW while EB2 crawls.
    New interpretation results in good forward movement to EB2 while EB3 crawls.

    How does EB3 ICMP benefit from both the interpretations?

    EB3 is clogged because of the 245i cases. Unless we focus on the exact problem no amount of letters to lawmakers will not yield any result.

    Writing letters to lawmakers is not going to provide any impact for this year Here is my reason it takes 3-5 weeks for the lawmakers to get the letters in DC because of special security screening requirements. By the time they receive the letters the Congress would pretty much be done with their term. The best option would be to meet with the lawmakers in their local office or in DC and appraise them of the long wait.

    Please do understand that one of the reason USCIS changed their interpretation is because many folks with Ph D's and MS from ICMP where waiting for years to get GC"s and USCIS/DOS looked stupid in explaining the reason for the long wait for such folks. Even in the "visa wastage" hearing in the House immigration committee (on Apr 30) the DOS/USCIS was having trouble explaining the long wait times. One of the witness in the hearing was a PhD from China and had been waiting for years for his GC.

    Come on folks. EB2 forward movement is good for EB3's, because EB2 will soon become current and the spillovers will be soon coming to EB3 after EB3 ROW is current. I am anticipating DOS will turn EB2 current in the second half of the year and this will ensure all the spillovers will flow into EB3's because EB2's with PD mid-2007 to now will not be able to clear the NC 180 day barrier. Cheer up folks and let us focus on the real problem getting more number of visa's through recapture.

    If you feel strongly about the cause you should meet with your lawmakers office and address the issue. Letter campaign in not going to yield any short term impact. Please take the time to meet with your lawmakers

    why are we giving so much importance to Ron. If he is so concerned about this issue why can't he take up this issue with AILA? He is a member of AILA.





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  • caliguy
    10-22 05:19 PM
    @ fatjoe

    I will call them tomorrow to find the status. Thanks for providing the phone #.

    Btw, can you send me a pvt msg with your email address? Thanks!

    Did you send 7001 to Ombudsman? So, Ombudsman is also hopeless?
    Did you call them to find out the status? Here is Om's #, in case you don't know: 202-282-8000. Call them and update us as well.
    [/QUOTE]





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  • virginia_desi
    01-17 03:38 PM
    Hello, I can understand your pain as I was in a similar situation as you are. I would recommend to wait for atleast 2 weeks. I interviewed on 28th Dec and finally got the email on 9th Jan and the pp stamped on 10th Jan and took the flight on 12th Jan.

    If you have an upcoming travel which is in next week, please try to reschedule it as it is not certain on how much time does it take in such cases.

    I do not think getting the employer involved into this will help. VFS office will have no clue on this and they will answer only Questions on the process. Writing to the US consulate will also give you a general answer. It is sad that there is no accountability in cases like these. Please keep the faith.

    Can you add which consulate (Mumbai/Delhi/Chennai) you interviewed?



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  • pitha
    07-11 11:00 AM
    The flower campaign has been a spectacular success. Lets not dilute it or confuse it with food or pizza campaign. Lets the free flow of flower campaign contunue.

    There is a symbolism of peaceful protest behind flowers, its universaly understood, what is the symbolism behind sending food, it might be misunderstood. Lets not overdo it.

    I AM ORDERING PIZZA and gourmet food from local restuarants every week to be delivered to Emilio Gonzalez
    The delivery will be on the 15th July.
    Anybody want to join





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  • eb_retrogession
    02-18 08:36 PM
    US Immigration Policy On The Table At The WTO
    By Sarah Anderson
    Immigration Daily, February 15, 2006
    http://www.ilw.com/articles/2006,0215-anderson.shtm



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  • Bpositive
    02-12 09:43 AM
    i am glad it got resolved...





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  • HV000
    08-10 10:50 AM
    These are stupid quotes that will only make the situation worse. The real solution is to make the fingerprinting independent of the green card process. There is no point in trying to push for a faster name check in the post 9-11 world, it will be shot down legitimately. We need to make sensible suggestions not demands.

    You better read the OMBUDSMAN Report before coming with irrational thoughts!!



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  • rexjamla
    06-15 02:26 PM
    Hi Friends,

    I am really sick and tired of my attorney. He is making money out of immigrants but he does not like immigrants based on our dicussion.
    I think we are very well educated and can easily take care of 485 filing.
    My attorney will charge me at least $3000 for it although I got his referral from AILA. On top of that he delays filing my PERM and 140 and having serious attitude problem.
    I can easily take care of 485 filing by myself.
    My only and great concern is- Is my attorney can screw up my GC processing if I fire him and file 485 on my own?

    Your Thoughts..

    Thanks!





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  • seekerofpeace
    10-02 03:11 PM
    That's good news APB.

    I guess it may either be the SR that I opened for my wife or the letter I wrote to Napolitano...my wife got a call from a CSR from DC and she told that her case is pending because of the Biometrics, she said she is issuing new biometrics...the speaker phone was on...and I interjected...how come I got approved w/o the Biometrics...she was clueless...I told her how many times can Biometrics notice be issued...my attorney called TSC on 10th of Sept and that time a notice was issued which we never received and then again two weeks later someone else issued another notice.....then someone else told that Biom is fine it just needs uploading and it has been two weeks since then the only thing that is happening is the Visas getting used up .....I said what's the point of FP/Biom if visas are no longer available which surely will be the case in 3 weeks....

    In any case didn't expect a phone call from them so was surprised.

    SoP



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  • adusumilli
    09-24 11:48 AM
    28.6%/5 = 5.72% for EB3-India + Spillover from EB2 and EB1, not more than 10,000 of which to "Other Workers".
    28.6%/5 = 5.72% for EB2-India + spillover from EB1
    28.6%/5 = 5.72% for EB1-India + spillover from EB4 and EB5


    Each category is 28.6% WW Quota.

    WW Quota consists of 5 country specific sub-quotas 1)India 2)China 3) Mexico 4) Philipines 5)ROW.

    Based on page 1, I do math as under for Philippines categories.
    -------------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 70 Quota to be spilled over to EB1= 1890
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1890 + EB5 spillover 1960 = 11858 - pending 74 = Total
    11784 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11784 =19792, Pending: 510, So total 19282 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19282 spill over =27290 - 11563 Pending = 15727 VISA extra.
    6) �Other Workers� � Pending: 264 TOTAL UNUSED VISAS = 15727-264 = 15463 UNUSED VISAS will go to the quota
    of other countries.


    Based on page 3, I do math as under for ROW categories.
    ------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 1378 Quota to be spilled over to EB1= 582
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 40 Quota to be spilled over to EB1 = 1920
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 582 + EB5 spillover 1920 = 10510 - pending 2477 = Total
    8033 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 8033 =16031, Pending: 7150, So total 8881 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 8881 spill over =16889. Pending: 62840 -16889 = 45951 applications will
    still be pending and pushed to year 2011.

    Based on page 4, I do math as under for China categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 384 Quota to be spilled over to EB1 = 1576
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1576 + EB5 spillover 1947 = 11531 - pending 607 =
    Total 10924 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 10924 =18932, Pending: 19333, So total 401 applications will be pushed to
    year 2011 with pending approval.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + no spillover = 8008 � 6343 Pending = 1665 visas Extra.
    6) �Other Workers� � Pending: 30 TOTAL UNUSED VISAS = 1665-30 = 1635 UNUSED VISAS will go to the quota
    of other countries.

    Based on page 5, I do math as under for India categories.
    -----------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 123 Quota to be spilled over to EB1= 1960-123 = 1837
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1960-13 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1837 + EB5 spillover 1947 = 11792 - pending 418 = Total
    11374 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11374 =19382, Pending: 47728, So total 28346 applications will still be
    pending for year 2011.
    5) Quota for EB3 --> 5.72% x 140000 = 8008, no spill over. Pending: 62607 -8008 = 54599 applications will still be pending
    and pushed to year 2011.

    Based on page 6, I do math as under for Mexico categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 62 Quota to be spilled over to EB1 = 1960-62=1898
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1898 + EB5 spillover 1960 = 11866 - pending 174 =
    Total 11692 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11692 =19700, Pending: 211, So total 19489 applications will spill over to
    EB3 category.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19489 spillover = 27497 � 7878 Pending = 19619 visas Extra.
    6) �Other Workers� � Pending: 8415 TOTAL UNUSED VISAS = 19619-8415 = 11204 UNUSED VISAS will go to the quota
    of other countries.


    TOTAL UNUSED VISAS = 15463 + 1635 + 11204 = 28302.

    Assuming these unused visas from Philippines, China and Mexico will be used for India, ROW equally India will benefit additional 14151 VISAS this year. Assuming all of these go to EB2 India Pushed down figure for EB2-India for the year 2011 will be 28346 � 14151 = 14195 pending EB2-I applications ready to go to year 2011.

    How did you come up with dividing by 5 that is like 20% per country. isn't the cap 7% per country?





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  • ss777
    03-18 09:31 AM
    Thanks for your response. I agree with your point that "what uscis wants" prevails. I was trying to see if its possible to make sure EAD & AP are based on 485 with an approved underlying 140. I am not trying to get "multiple EAD/AP". Only trying to renew at the expiration of current once and trying to see if that can be based on new 485. My A# is same for both 485's
    My questions again:
    1. When I renew EAD/AP should I check that its renewal or initial application option.
    2. How can I make sure (atleast try) the new EAD/AP will not be tied to old 485 but the new one (will send the new 485 receipt & 140 approval notice).



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  • sundarpn
    01-16 01:16 PM
    I check with my attorney here if there is any way to check this ahead of time, but the answer was negative.

    I guess each of u can check with your attorney and post the responses here





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  • gpawar
    01-14 02:16 AM
    Hi,

    I'd appeared for my H1B (F1 to H1) Visa interview on the 4th Jan at Mumbai. After almost 4 hours of waiting, the visa officer told me that they were unable to view/ verify my I-797 info as it was not updated in their Database. I was also told that this is an existing issue and that I should ask my company lawers to contact the Immigration Services office at DC. On being asked she told me the eta was 7-10 business days (or however long it takes for the info to get updated). I was then given the yellow slip and asked to submit my passport for stamping, after I receive an email indicating that my data is now updated. it's been 8 business days since my initial interview and I still haven't received any emails or calls.

    1) anyone who interviewed on or around 4th Jan who has received a call or email?
    2) Anyone who's aware of the procedure by which my company can expidite this issue (maybe through our lawyers)
    3) any additional info on how long the wait might be?

    I was told that on the 27th dec there were about 350 H1b pending cases (yellow slip) at the Mumbai consulate and around 150- 200 similar cases the following days. A freind of mine who appeared for his H1b interview on the 7th breezed through it with no issues.

    Thanks very much!



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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.





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  • gc_on_demand
    09-16 11:33 AM
    http://judiciary.house.gov/hearings/calendar.html cliclk on hearing related to FBI



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  • hazishak
    09-16 10:00 AM
    bump^^





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  • danu2007
    10-30 11:01 PM
    Done...Posted all the four..





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  • dhirajs98
    06-20 10:27 PM
    I have one PERM EB2 labor certified and I-140 PP in under process. Received an RFE for I-140 on June 1st and my company's paralegal analyst responded back on June 6th. Since then there is no news on my I-140. I have another RIR EB3 labor stuck in DBEC based on the case analyst email it should be cleared by June 30th but there is no assurnace on that. Now I am in a fix whether I should file my I-485 on the PERM EB2 where I-140 is stuck with an RFE or should wait for RIR EB3 to get approved.

    Also is it possible to file I-485 on my PERM EB2 case now and later use EB3 RIR PD in EB2 case when I get my EB3 labor and I-140 approved?

    Please post your experiences and advise. This is really important for me to find an answer b4 I take any step forward.

    Thanks,

    -Dhiraj





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    vls
    06-22 10:14 AM
    I have direct responses from Murthy and Rajiv Khanna now . Plus 2 other american lawyers I know. The answers have variations. I'm going to do my own research and would encourage others to do the same before coming to a conclusion on this.

    If you have asked this question to your own lawyers about multiple I485 filing, please post them here.

    Members can then look at all the information and make their own decisions.

    I work for MSFT - I am a dependent on my husband's process (he works for another company), and I also have my own process filed, where he is my dependent.

    When I asked if we could have 2 processes, the lawyer answered:

    "There is no problem with you pursuing I-485 applications through the two companies since you and you husband have reverse roles in each process as principal beneficiary and dependent".

    Hope this helps other people on the same situation.



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