Monday, July 4, 2011

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  • nkalpana
    02-12 02:40 AM
    ... do we have to think out of the box to identify what is really the problem?
    What are they doing with our documents... where are they storing it? whjat security are they giving to our sensitive docs? what is the process by which they are clearing the backlog, when everyday they get loads and loads of new work??

    shahuja... we are still waiting





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  • coopheal
    11-07 10:54 AM
    Thanks laborchic.

    Yes this has the potential to affect everyone - look at today's main news - 240k more jobs are lost and prediction that economy can get much more worse. The last thing we want in these times is another GC/visa related issue at back of our minds. This is the time to act before its too late.

    I agree, wasnt AC21 passed during the similar circumstances in a lame duck session.





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  • akred
    07-15 03:20 PM
    I was able to find a good source of H1B data.
    http://www.uscis.gov/files/nativedoc...cteristics.pdf (http://www.uscis.gov/files/nativedocuments/H1B_FY05_Characteristics.pdf)

    Some nuggets for FY 2005:

    Number of H1B petitions approved for initial employment: 117,536

    H1B petitions for intial employment where the alien was in the US: 62,292 (53%)
    This is a good proxy number for H1B for applications filed by students who have studied in the US.

    54% of applicants have a master's, doctorate or professional degree. 45% of applicants have a bachelor's degree

    43% (a minority) of applications are from Computer Related Occupations

    Median salary for H1B in computer related occupations: $60,000

    Median salary for H1B in computer related occupations for initial employment: $50,000

    Median salary for H1B in computer related occupations for continuing employment: $68,000

    This proves that H1B employees have the power to negotiate raises and secure better working conditions as the median compensation for continuing employment is 36% higher than that for initial employment.

    After seeing this data and considering the definition of median compensation, I think a good way to approach the problem of fraud is to audit all employers paying 5% below the median for the occupation.

    For e.g. if the employer happened to fall into the low compensation bucket for FY 2005, then all applications from that employer for FY 2006 would face greater scrutiny.





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  • gctest
    08-21 01:16 PM
    DOS has publicly admitted that they made a mistake in the past interpretation and allowed visas to flow to EB3-ROW and EB3.

    Do yo uguys seriously expect DOS to start making the same mistake they publicy apologized for a few months back?

    We all talk about staying united.. but if EB3 folks are going to get together and start asking DOS to unfairly divert visa numbers away from EB2 (mostly to EB3-ROW... numbers will run out before EB3-I even sees it), how are EB2 folks expected to just sit and watch?

    How can we stay united then?

    What would you do if your blood brother was in EB2 while you are in EB3? Would you do the same?



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  • kewlchap
    10-12 03:11 PM
    @ fatjoe:

    "Assigned to an IO" is misleading. Do you know if it has been picked up by an IO or is it just waiting in the holding area (both of these are called assigned to IO)? If it has been picked up, I am confident of the 30 day range, based on my discussions with NSC people. If it is waiting to be picked up, then it can vary a lot.

    You can email cisombudsman@dhs.gov, but they will ask you to send 7001. If you have already done that, wait. I know how difficult it is, 'coz I was in the same position last week, but have faith and wait. The fact that Nov. VB has not retrogressed indicates to me that they really do want to clear the backlog as much as possible.





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  • check_rd
    05-23 08:42 PM
    Hi,

    I do not have medical records to prove that I have taken some of the vaccination that is mandatory for the medical test. However, I do have taken those and my Doctor back in India has those records. Is there a way people know that these records in "any format" / a "specific format" can be faxed or fedexed here and can be used?

    Any help will be highly apprciated.

    - N


    Can be of any format . Sample

    To WHOM SO EVER IT IS CONCERNED

    This is to certify that Mr XXX is upto date with his TD and MMR vacinations.

    From,

    Dr ....
    Address and Seal


    This needs to be taken on the Doctor's Letter Pad.

    I have been tested with TB (PPD) positive and have been asked to take an XRAY. I called up my PCP doctor and he has authorized to take the XRAY covered under my insurance if not i would have to pay $60. Its one way of saving money if XRAY is needed go talk to your PCP and get approval so its free.



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  • rajuram
    05-27 10:33 AM
    What is non immigrant visa number (page 2 of 485 form)?





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  • dionysus
    06-27 10:34 PM
    I am in the same situation, and I plan to include photocopy of my courtesy copy of my I-140 with other docs, as I am filing AOS by myself. If anyone else had the same issue, please share your exp.

    Sorry to disappoint you guys, but courtesy copy is not sufficient to file I-485. Read your courtesy copy clearly. It categorically states that

    "This courtesy copy may not be used in lieu of official notification to demonstrate the filing or processing action taken on this case."

    I think it is crystal clear what INS means.

    The big question is, what happens if you do file with the courtesy copy of your I-140 instead of the original one. My guess is, if you are lucky, INS may accept your 485 petition initially, and after a few months then may simply send you a RFE asking for the original copy of I-140. And, by that time you may be able to convince your company or company-lawyer to release to you the original copy. And if you are unluncky and the clerk at INS is sharp eyed, he/she may take this as a case of missing initial evidence and blow up your entire 485 application at the on set.

    You can take your chances.



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  • drona
    07-10 10:31 PM
    From the Washington Post article, this was an interesting comment:

    "We know the reason behind it and understand the symbolism. We donated them in the same spirit in which they were provided to us," said an agency official who spoke on condition of anonymity because of a lawsuit over the matter filed by an advocacy group.





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  • voicerj
    03-30 04:21 PM
    I wish it should be current or atleast near to current.

    Absolutely, the chances for movement to June 2007 is bright but not in May. One of the old models did predict August 2007 by Sep 2011. And then it was noticed that EB3 porting was not properly accounted for in the equation (only 150 per month was accounted). Thereafter, it was stated that Eb3 -> 2 porting is at least 500/m (which I thought was quite a bit). This burden in the model dragged Aug'07 predicted movement date to Nov'06. Now that 12000 EB1 spillover is being claimed, this would account for and balance even 1000/m Eb3->2 porting. Therefore an August 2007 PD by Sep'11 is a good possibility. But the visa bulletin has it's own brains.

    A

    But the visa bulletin has it's own brains. - I like this dude !



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  • skynet2500
    10-15 10:20 AM
    I was able to contact NSC using POJ today. Got same response- File is with IO for review.

    I could reach IO yesterday. representative said that me and my wife's cases are preadjudicated. Not sure if I could believe this...





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  • snram4
    01-30 12:04 PM
    You have chance of winning lawsuit if they reject you just based on immigration status. But in USA the employment is at will basis. Both employer and employee can take that option. Last year when I got offer letter that was specified in first page that this employment is at will basis. Lawsuits are more expensive. Generally lawyers will share the benefits of compensation if they take the case freely

    now ford, gm, capitalone and I'll post mine when i hear about the explanation from legal.

    i dont know if u can sue without much written proof, or if they refused to interview you. but if you do have an interview etc., and some written proof, we may have something

    a class action lawsuit ? if a lawsuit is expensive i am sure there are some lawyers who take on cases either probono or we all pool in our money and do something...



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  • anilsal
    07-09 08:57 PM
    Hello all
    I am a silent visitor of this website.
    Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
    Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??

    Please try to understand their problem.
    Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????

    My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???

    Isn't it a shame on us to go for Rally to get GC?????:D

    Just think that you will get it when time comes, otherwise pack up.

    Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.

    EB2 India
    PD-2005-May
    I140 approved-Sept 2006

    I would suggest getting involved with IV work more. Then you will understand how things work in this country. You have to raise your voices (not in defiance but as a way to appraise or educate someone about issues).

    When you meet legislators' and their staff, you are treated with respect, irrespective of their stand on immigration. Why fear when there is nothing to lose?





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  • delhirocks
    06-29 08:37 PM
    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)

    I don't intent to sound rude, but why would this make your life "Suck", "no social life" , "no career life", "no nothing life".

    Iam in the same position as everybody else, and am deeply dissapointed with the news (hence Iam here), but I just spend 2 hours in a nice pub, drinking nice micro brews, came home had a nice talk with my wife (H4), we are planning on going out for dinner and maybe watch Knocked up afterwards (heard its nice).

    If this were to be true, it would delay our GC by another 2-3 years, but we are in this country on our own free will, making good money. Be dissapointed, but this is not the end of the world..Mantain the perspective...



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  • satishku_2000
    07-09 09:03 PM
    Hello all
    I am a silent visitor of this website.
    Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
    Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??

    Please try to understand their problem.
    Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????

    My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???

    Isn't it a shame on us to go for Rally to get GC?????:D

    Just think that you will get it when time comes, otherwise pack up.

    Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.

    EB2 India
    PD-2005-May
    I140 approved-Sept 2006


    You definitely sound like my mother , who gets scared by the news that gets published in telugu news papers about gas station shootings in USA. Otherday she asked me not to goto "that gas station in Kentucky" .. I live in CA.

    There is no shame in protesting injustice. Nobody who sent flowers is foolish enough to think that they will get their GC just because they sent flowers.

    Can you please explain what is the real problem of USCIS?





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  • SunJoshi
    01-02 06:27 PM
    http://www.nap.edu/books/0309096138/html
    http://www.iacfpa.org/



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  • trueguy
    08-21 12:23 AM
    Thanks trueguy!. It took me a while to realize that some people here are trying to misguide and misrepresent. Wish I had not spent so much of my time replying to those inane posts.

    There is no basis for Oct PD to be at or near Jun 2007 PD levels, it is only to lull us into inaction. And I would be more than happy to be wrong about this :o


    And it looks like some one was asked by their teacher to write imposition... and therefore we are seeing repeat dribble of the same post.

    Absolutely, I have seen misleading comments especially from EB2 guys. EB3 have to do something otherwise there is no future for us here. Now EB2 line will never end bcoz all new applications will come as EB2. Hoping for spillover after EB2-I becomes current is just a dream now that never comes true.





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  • 485Mbe4001
    09-26 06:17 PM
    Good discussion. I am not a fox fan, but i read NYT and Drudgereport, listen to Rachel Maddaw as well as Handel. In fact i read any political and economics related blog i can lay my hands on. I understand your points.

    My point is that people say he will do so many things, the problem is that the congress is not changing. The congress has to approve something so that he can sign it. Secondly no matter what you say companies will do whatever is right for the bottomline and share price. if he starts taxing companies they relocate, he has proposed increasing the social security taxes across all categories. Says he will not increase taxes for middle class americans but gives little indication of how he will finance the trillion dollar spending program. If his universal health program passes then you will see more deducted out of your paycheck. How will he create tons of jobs, how will he subsidize education. The fact of the matter is that he will be under exterme pressure if he is elected to office with such high expectations. He will be screwed if he increases taxes and screwed if he doesnt fund the programs he is promising all over the place.

    As for long term, the country has to increase interest rates to support the current account deficit. IF you increase interest rates the economy will further go in the tank. The country has to increase taxes to fund SS or Medicare. If not they need to overhaul the SS and MC system and any pandering politican will never be able to make that change.

    The fact of the matter is that both are career politicians and will do anyting to win. i just want to present an opposing view when one is painted as the saviour and the other a @$#@ in a total crapfest where no one is pure.





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  • prasadn
    09-23 05:07 PM
    A basic question - Are the months that the numbers are slotted into for the Priority Dates? or are they the recept date or something else....?

    If PD, then how come there are numbers for 2008 and 2009? The PD has never been current since July 2007....


    Questions & Answers: Pending Employment-Based Form I-485 Inventory

    Q: Why is the wait so long for my employment-based green card?

    A: A visa must be available before a person can obtain an employment-based green card. Because more people want a green card than there are visas available, not everyone who wants a green card can get one immediately. Therefore, some people have to wait in line until a visa is available. The U.S. Department of State (DOS) gives out 140,000 employment-based visas each year. About 85% of those visas go to people seeking a green card in the United States, while about 15% go to people seeking to immigrate from abroad. Currently, about 234,000 people have employment-based adjustment of status (green card) applications pending in the United States and are waiting to get a visa. How long you wait for a visa depends on the supply and demand for your particular preference category, your priority date, and the country your visa will be charged to, usually your country of birth.

    Q: How can I determine my place in line based on my priority date?

    A: Your preference category, priority date, and country of origin determine your place in line for a visa. The earlier your priority date is, the closer you are to the front of the line. To better assist you in knowing your place in line, we are posting a report of our total pending inventory of applications for employment-based green cards (Form I-485, Application to Register Permanent Residence or Adjust Status) for those seeking to adjust status in the United States. See the �Pending Employment-Based Form I-485 Report� link to the right. We are also posting five other reports by country of chargeability (China, India, Mexico, Philippines, and All Other Chargeability) (see the links to the right).

    The �Pending Employment-Based Form I-485 Report,� displays the total number of pending adjustment of status applications, per preference classification. The report shows how many pending adjustment of status (green card) applications in each preference classification have priority dates in a given month and year. You can use this chart to determine how many applicants in your preference classification have priority dates in the same month and year as your own. Also, you can determine how many applicants in your preference classification are ahead of you in line for a visa number by adding together the number of cases with an earlier priority date than your own.

    The All Other Chargeability report shows how many applicants from countries other than China, India, Mexico, and the Philippines have priority dates in a given month and year. The report is broken down into separate charts for each preference classification. If you are from a country other than China, India, Mexico, or the Philippines, you can use this chart to determine how many applicants for adjustment of status in the same preference classification have a priority date in the same month and year as your own. This chart also lets you know how many applicants in the same preference classification have earlier priority dates.

    Because of historically higher demand for visas from China, India, Mexico, and the Philippines, each of those countries has its own separate report. As published in the DOS Visa Bulletin, applicants from those countries will need to have earlier priority dates than like applicants from other countries to get a visa in any given month. If you are from China, India, Mexico, or the Philippines, you may want to use the report for your particular country. Your country report will show you how many applicants from the same country and preference classification have a priority date in the same month and year as your own. The report will also let you know how many applicants from the same country and preference classification have earlier priority dates.

    Q: Which report should I use, the Pending Employment-Based Form I-485 Report or the country-specific reports?

    A: All applicants for an employment-based green card may use the pending Form I-485 report to determine their place in line for a visa. Because certain countries experience higher demand than others, applicants in these �oversubscribed� countries may move forward in line more slowly than applicants in countries experiencing less demand. In other words, in order to obtain a visa, applicants in oversubscribed countries may need to have earlier priority dates than applicants in countries experiencing less demand. Applicants in oversubscribed countries may therefore want to also refer to the report for their specific country of chargeability to determine where they stand in line with other applicants from that country.

    Q: What information do I need to have before using the pending Form I-485 inventory reports?

    A: You need to know your priority date and your preference category to use the pending Form I-485 inventory reports. For more information on priority dates and preference categories, see the �Visa Availability & Priority Dates� and �Green Card Eligibility� links to the right.

    Q: How do I read the pending I-485 inventory reports?

    A: First, click on the link to the report you want to view. Once you click on the link, the report will appear and you will see a series of charts, one for each preference category. You will see that each chart has different numbers for each month and year. These numbers show how many green card applicants have priority dates in that month and year. To figure out how many applicants have earlier priority dates, add all the numbers from all the cells that correspond to earlier months.

    Q: Can you tell me when I will get a visa?

    A: Unfortunately, we cannot determine how long it will take for you to get a visa. However, we hope that by showing applicants with a pending Form I-485 where they stand in line to get a visa, you will get a better sense of how long it may take. We intend to update the data in these reports quarterly. By comparing newer versions of the reports with older ones, you may see that the number of applicants ahead of you has gotten smaller, and you may be able to tell how much shorter the line has become. We hope this will give you an even better sense of how long it may take for you to get a visa.

    Q: Can you provide me an example of how to use the pending Form I-485 inventory charts?

    A: Assume your priority date is in January 2007, your petition was approved for third preference, and you are from China. Using the Sample �Pending Employment-Based Form I-485 Report,� below you will see on the third preference chart that there are 2,618 applicants with a priority date in the same month and year as your priority date.

    If you want to find out how many third-preference green card applicants have an earlier priority date than yours, you will need to add all the numbers starting with the number at the beginning of the table, January 1997, and ending with the number immediately before the month and year of your own priority date, December 2006. You will see that there are 131,341 third-preference applicants who have a priority date earlier than yours.

    Q: How do I know how many applicants from my country have an earlier priority date than mine?

    A: Assume your priority date is in June 2005, your petition was approved for third preference, and you are from India. Using the Sample �I-485 Inventory for Individuals Born in India Report� below, you will see that there are 175 green card applicants from India with a priority date in June 2005.

    To find out how many applicants born in India have an earlier priority date than yours, add all the numbers starting at January 1997 and ending at May 2005. You will see that there are 42,796 third-preference applicants from India with a priority date earlier than yours.
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    justin150377
    07-09 08:48 PM
    Imagine how insulted the soldiers will feel when they read the cards/notes with the flowers...they won't be pleased they were caught in the middle of a controversy. They have enough to deal with already. This will make the government look even worse.





    camarasa
    07-09 07:22 PM
    We should send emails to Jon Stewart, Stephen Colbert, Jay Leno, David Letterman, Conan O'Brian, Jimmy Kimmel etc.

    They have tremendous amount of viewership and seems like a perfect material for these shows. I will send email to these guys but if more and more peple can make them aware of this development, this news can potentially snowball. :D
    Leave the late night comedians out of it.
    Who do you think they will poke fun at? USCIS, Emilio Gonzalez or the people spending thousands of dollars on flowers that wont even reach the office of the intended recipient?



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