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  • andy garcia
    10-01 11:28 AM
    Great find, Andy. Based on your explanation, I can say that our real problem is not the lack of visa numbers. There are enough visa numbers, but USCIS is not utilizing them.

    This also tells me that an increase in visa numbers to 290,000 (or what ever number that the SKILL bill is asking for) would NOT change the situation a little bit. The end result only will be that the USCIS will end up with more number of unused visas.

    Can the IV community do some thing to improve the whole situation?

    Thanks h1techSlave;

    I always said that the problem is not the visa numbers but some people replied that I am an anti-Indian/Chinese/etc.
    just because I said so.

    Remember that this system was designed back when there was one single queue.


    You applied for your Labor and waited(establish a PD), everybody who applied after you was behind you.
    After the Labor was approved, you applied for the I-140. This will determine your category/country of chargeability and will filter some of the fraud cases
    After the I-140 was granted. You apply for either CP or AOS. At this point CIS/DOS knew how many applications were pending for each category/country and could move the dates smoothly.


    Now the mess is so big that it takes them until February(6 months after the End of the previous Fiscal Year) to publish the number of visas issued





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  • vinabath
    07-20 12:44 PM
    What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet - Schedule A applicant)

    I think you can start another job with the same job description. EAD is not tied to the employer. It is tied to you. AC21 is a blessing for us in this regard.

    After 180 days, you are free and you almost got virtual GC except that you need to work in the same job description and maintain character.





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  • GOTGC
    07-24 01:35 PM
    From what I understand many 485 applications(not all)received in accordance to the June bulletin MAY have been preassigned a visa number(from the leftover 60,000 visas) NOT an approval.Although they are not supposed to pre assign numbers without name checks etc, is'nt it obvious that they might have done that??. They have a lot of cases to approve until Sept 30(from that 60,000 number)


    They have preassigned Visa numbers to cases that were pending in USCIS(NOT the ones filed in JUNE)...even though the PD was not current according to June Visa Bulletein... Eg: COnsider your approval and mine..We filed for 485 in 2004.. These cases are preadjudicated and just waiting for Visa number to become avilable..Once the july bulletein came into effect(or according to rumor even before) they assigned visa numbers to all pre approved cases that were pending...AGAIN USCIS DID NOT ASSIGN VISA NUMBERS TO CASES FILED IN JUNE





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  • bhatt
    05-29 11:58 AM
    Does any one face this ?

    Bank asking 3yr VISA from the date of closing ?

    trying to understand, if this Bank only is insisting for it.

    Try FHA loans!. Also need to pay 3% down payment



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  • bigboy007
    06-03 06:52 PM
    Yep thats true , as of now all this shouldnt stop one from filing 140/485 what ever it is , we are only trying to interpret to the best of our knowledge in current format. For ex. if you remember labor substitution bill was introduced in Last year 2006 and every one was eager and curious about it but it was only enacted in July 2007. Similarly i 100% believe they will give some time to switch and in case it would be good enough buffer. If you think u can file dont even think of rest , right what is law is what should it be.





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  • ganguteli
    03-12 03:33 PM
    Reddog is an agent of someone paid to view IV site and create anti-IV posts. He may very well be an anti-immigrant who is now worried that he may not get access to secret info of our efforts.

    If he cares for immigrants, why has he not even updated his profile with his application dates. I bet he will also be annonymous with fake contact info.

    Tell us what you have done for IV till now?



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  • sbdol
    07-20 10:46 PM
    I must say I was really shocked !
    What the argument would one bring against recapturing of the lost visas ?
    People who are in the line will eventually get their greencards although going through much more suffering. So from the point of view of anti/proimmigrants the amendment does not change anything in the long run.

    If they were concenred about H-1Bs that part could be debated and split from the visa recapture issue.

    I wander how would many answer inevitable questions from the press about word & dead discrepancies. Practivally everybody who opposed CIR claimed that they suppor legal immigration but do not want to encourage those who broke the law and came here illegaly. It's like a movie where the truth reveals in the most unexpected form.
    Well at least they have shown their true faces now.





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  • vinabath
    07-20 12:59 PM
    Not trying to be pessimitic her but any new hires will need to be trained, and infrastructure need to be set up. All these things do not happen overnight.
    Also, there are dependancies. I-485 information needs to be entered in the system and A # on I-140 need to be crosschecked. If one is not available already then it needs to be generated.
    All these add to the time.

    You are not pessimistic. I know how federal contracting happens. If I am the federal contractor to USCIS and I have a contract with them. Lets say contract 's scope of work to process 485, 140, 765, 131 apps. USCIS can always add money to existing contract and ask for more man hours for the contract year. Most of the time Federal Installations have extra space to accomodate new temp resources.

    So in 2-3 months they can add more resources to take care of this shit. But I can say for sure that dont expect EAD or AP in 3 months.



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  • trueguy
    12-17 02:27 AM
    Pappu,

    The data from following thread can be used for this purpose:

    http://immigrationvoice.org/forum/showthread.php?t=20798

    Thanks.





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  • learning01
    04-26 10:41 AM
    Bkarnik:
    I respect the efforts of IV and actively support them.. To kick up some dust and buzz, amongst our American collegues, TV news reporters, talking heads, professors etc., I suggested that we must write about this injustice. Taking SS Tax and Medicare tax from non -immigrants is injustice. Americans will not tolerate injustice. What we are discussing here, whether we should do something about this collectively at IV, so that our GC processes will be speeded up, as a indirect consequence. This great country should understand more the injustice is being done to us, the highly skilled immigrants

    - in visa extension / stamping issues (a family has to spend 6 to 10 grand to get a visa stamping, appointments are not availabe for next 4 months etc)
    - in employment (cannot take promotion, cannot easily change jobs without losing Priority Date),
    - in labor clearance and
    - in GC Process (visa numbers, etc)

    Thanks for the links. I didn't read them as I don't have to. I had indeed done research on the visa stamping issue. I am not ignorant, but I take your words as compliment.

    You must understand employment visas, like H1B are non-immigrant visas. That alone should make Uncle Sam stop collecting SS Tax and Medicare. If any trial lawyer does a class action law suit or what we call a Public Interest Litigation, the US government should be in lot trouble. Because no one is questioning, they are passing on. I was also told by a SWA high official, that there is a provision, that you can opt out of deduction of SS Tax and Medicare, if you are on H1.

    I want to focus on core IV goals. I will not post any further on this SS Tax issue. But, my last word is: dual intent is dangerous and applicants will be denied visa and entry into US. So, readers be careful. You have a non-immigrant visa.

    From US Embassy in Canada for visa stamping requirements:

    WILL I QUALIFY FOR A VISA?
    In order to qualify for most categories of U.S. non-immigrant visas, you must be able to demonstrate to a U.S. Consular Officer that you have a permanent residence outside the United States that you do not intend to abandon. You may satisfy this requirement by showing you have strong economic and social ties to your country of residence. "Ties" are factors that would require you to return to your country of residence, upon completion of your temporary visit to the United States.
    LIN: US Embassay Canada. GOV (http://www.usembassycanada.gov/content/travel/halifax_OF-156.pdf)



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  • GCplease
    03-11 01:19 PM
    I received the rfe details today..Here is my list of documents needed by uscis

    1) updated properly completed form G-325A
    2) employment letter from my new employer to prove that i am working on the same/similar job as my LC (since I did not submit AC21 documents), I need to do it now, since I changed my address and the letter mentions that I am not staying in the same state as of my original LC and now they require AC21 documents.

    Hi eb3retro,
    I understand from your signature that you Receipt date is 7/2/07. was your case transferred to Vermont or something and transferred back to TSC. Do you know what was the Receipt date mentioned in the Transfer Notice.

    I am just trying to guess when they may come to my case. My receipt date for 485 was from Vermont and is 7/31/07. But then it was transferred back to Texas and this has a Receipt date of 10/1/07. I am just trying to find out which Receipt date will be considered to pre-adjudicate my application.

    Thanks.





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  • eb3retro
    03-10 11:47 PM
    I received the rfe details today..Here is my list of documents needed by uscis

    1) updated properly completed form G-325A
    2) employment letter from my new employer to prove that i am working on the same/similar job as my LC (since I did not submit AC21 documents), I need to do it now, since I changed my address and the letter mentions that I am not staying in the same state as of my original LC and now they require AC21 documents.



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  • inthehole
    05-20 12:03 AM
    First of all congratulations to ind_game.

    Today I received NOID for not submitting AC21. My I-140 is not revoked. I received an RFE last month for birth certificate & updated g-325a form. In the g-325a form I mentioned my current employer which would have triggered NOID for AC21.
    I left the GC sponsored employer after 9 years on May 2008 well after 180 days and joined an insurance company. The company got hammered by financial crises. So I left that company and joined other stable company on Dec 2009 as a full time employee.
    My current job description is similar to the one mentioned on ETA but not same. I am not sure if changing 2 jobs will be a problem.

    If anyone had submitted any documents for AC21 please share. I will really appreciate it.





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  • mbawa2574
    07-06 12:20 AM
    mbawa.. It is always nice to sit on the side and blame it all on the leaders here. First thing you have to remember is that these poor/great folks (poor for representing people like you and great for working for representing all immigrant hopefuls) are really working for YOU and me. It is quite convenient to blame others than doing things yourself. If you think you are any better, why not come up with your USEFUL/GREAT ideas and see if the IV core respects those ideas or not. Lobbying or not, when the government is ready to think about CIR or immigration in general, I am pretty sure that IV can make OUR voice heard. Got the point?

    Problem is not the members but the overall stratergy. I understand ur emotions but certainly we need change and action. Without aggressive stratergy that can punch the noses of people against our agenda, we will not be successful. As I said - this is not personal at all. I know some of core people very well and they are competent and bright boys. This has to do with overall stratergy and we need to be bit more agressive .Without a new team which will bring in a coordinated effort & energy into this , we will not make it. CIR may get passed and other immigration categories may benefit at our cost if we don't change our course . Thanks for sharing your thoughts.



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  • akkakarla
    07-05 05:32 PM
    Do you have your 485 approved ? If not, you are not supposed to contribute to any political campaigns. You have to be a GC holder or citizen to contribute to political campaigns. Its illegal otherwise.

    Well, I don't know what is happening with my I485. I took my Infopass appointment early morning 7.15 AM on July 2nd. My Priority date became current(PD-11/08/2004). I was quite happy that it became current. Our applications are with San Jose Local Office. We completed our interview on October 2005. At the time of our interview our priority date is not current and no visa number available. The IO said that whenever our PD becomes current they will approve our case and send the mail in card. We moved to San Jose and our case files are transferred from South Portland Maine to San Jose.

    Long story short, we went to San Jose office and told the IO that our Priority date became current and he has the VB that has all categories current.He said that he is going to pull the files out of inventory room and send to the IO the same day and he will approve it. We are aware of the fact that VB is going to change. So not sure how to take the information given to us. Will they approve as he said? or will they take it out and wipe the dust off and put it back for dust to collect again. I am disappointed, angry, helplessness. It is just 1 hour work that is all it takes to approve and I am waiting for past 2 years. Anybody in the same boat?? What can i expect from the response. What should i infer - approve or dust collection. Anyways my company is asking me to relocate to Beijing or Mainz so I will consider seriously after consulting with my wife.

    Logiclife, I had contributed before for Senator Kerry campaign in 2004 too. I don't think that is wrong is there?





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  • SFSweta
    07-11 01:03 PM
    I can't believe this is how it feels to be sooo close to achieving your dream - regardless of how hard we've had to fight.....

    Congratulations to each and everyone of you in EB2-India and China that have been pushing and clawing your way (just like I have) to get your greencards. While my PD is a month away - I am so glad for you. Get ready to go on a loooooong break (mentally, emotionally, and physically if possible as well).

    I have been saving up every penny of my disposable income (after the shopping and eating out and everything else!) to go do the things I've wanted:

    Climb Mt. Kilimanjaro
    Spend 3 months with my family in India and Dubai
    Go back to Culinary School
    Go to Bordeaux and learn about wine
    Become an amazing photographer (just like one of the members on this forum...)

    The list goes on and on....

    But most of all - I can't believe that the moment is here for almost ALL of us to be free of the shackles and really really live our lives. I'm proud to have participated in everything and hopefully we ALL worked to make this huge of a difference and will see this effort through to help all our colleagues stuck in the EB3-India and China mess....



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  • satishku_2000
    07-23 04:26 PM
    I got the e-mail today as well. My PD is Sep 2005 and my I-485 receipt date was Sep 30, 2005.


    Couple of people I know got their approvals with PDs of 2004 and 2005 in EB2 and EB3.. Hopefully dates will look better in october visa bulletin.





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  • smisachu
    09-28 10:38 PM
    If this is indeed true then we must high light this and make it our next issue. This is a poster child of USCIS's careless work and sloppyness.





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  • eeezzz
    09-10 10:50 AM
    Look at this VB a different way. They don't have a good system to do FIFO so this is the alternative way to do FIFO. Those people who have much older PD probably will appreciate this bulletin.





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    06-10 11:32 AM
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    jungalee43
    04-29 06:50 PM
    Senator Scott Brown (R-Massachusetts) - left voice mail

    Senator Judd Gregg (R-New Hampshire) - left voice mail

    Senator Richard Lugar (R-Indiana) -left voice mail

    Senator Michael Enzi (R-Wyoming) - left voice mail

    Senator Lindsey Graham (R-South Carolina) - it was not on my print out. But would call right away.

    Senator John Ensign (R-Nevada) - Spoke with staff. Could not escape noticing her "sigh" when I mentioned CIR. She asked if I was from Nevada. I said no. But still she patientely took my message. She said there was no official statement yet from the senator and would not tell his position.

    Senator Orin Hatch (R-Utah) - engage. Nothing happened.

    Senator John Cornyn (R-Texas) - You must call during office hours. Cannot leave voice mail.

    Senator John Kyl (R-Texas) - left voice mail

    Senator Mitch Mcconnell (R-Kentuky) - engage

    Senator Amy Klobuchar (D-Minnesota) - Voice mail

    Senator Claire McCaskill (D-Missouri) - Mail box full !!!!!!!!!!!!!

    Senator Jon Tester (D-Montana) - left voice mail

    Senator Jim Webb (D-Virginia) - left voice mail

    Senator Sheldon Whitehouse (D-Rhode Island) - left voice mail. Here you hear prompt both in English as well as Spanish before you get the beep of the voice mail.

    In every message I mentioned my name, address and phone numbers. Will call the Sen. Graham and sponsoring dems now. I will make another round of calls during office hours tomorrow.
    And please the Fax link for guests. They should not be able to edit the mesasge. But must enter name and address. I can have at least 100 faxes sent.



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