Sunday, June 19, 2011

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  • susie
    07-06 12:01 AM
    Ref cspa and age outs

    I have a lawsuit filed for cspa and awaiting outcome

    Suing Attorney General, Goeff Gorsky head of VO opinions section at dept of state, Evelyn Upchurh of TSC

    They have 60 day to reply from end March 07, then requested additonal 30 days which my immigration attorney agreed to for professional ethics.

    So we were at 90 at end Jun 07 and the day before the lawyer for attorney engeral called my lawyer,

    Apparently my case file is very thin and as of that Date Geoff Gorsky had not replied to his own attorney!! Their attorney has requesed yet another 30 days and stated on the phone to my lawyer that he wants a resolution to my sons case. For more info go to www.expatsvoice.org

    But will update here when I get any news




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  • nlssubbu
    08-14 03:04 PM
    The following are the reason for Eb3 situation.
    Anyone who have 3 year or 4 year degree can apply. So Other country also there is a demand. So it is nearly impossible to get other country quota. For a few thousand green cards atleast 100k persons might have applied till 2008 in EB3. So there is not much chance for improvement. It may move a few months to 2 years in 2009.If some bill is passed then most persons will get relief. But still some chances for recapture bill in house. But the reaction at Senate to be seen. Next year they may give a best attempt for CIR so that Congressmen will get a chance to do overtime also for hot news in Media. As usual CIR is unpredictable at best.

    EB3 does not require a 4 year degree. It consists of people helping in cooking, full time baby sitters from third world countries, helpers in grocery stores, farm workers, nurses, etc as well. This is why the participation of EB3 folks here is very less and IV attracts only the technical work force. I would suggest a mass campaign to attract this crowd as well to IV for support. Even if they are brought, due to the low wage rate I do not think how much of contribution that will result for IV.

    This is my observation so far.




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  • BharatPremi
    09-10 08:00 PM
    EB3 -India: "Dukh Bhare Din Bite re Bhaia, Ab Sukh Aaio Re...":p
    EB2-India: "Yeh Kya Hua, Kaise Hua, Kab Hua, Kyon Hua... Dil Ki Bate..":mad:




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  • nk2006
    10-21 05:24 PM
    Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.

    Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
    Thanks Ramba for your insights.

    Whatever the reasons - its apparent USCIS is not following the AC21 regulations and it is not fair. I believe, AC21 regulations are made with an objective of improving immigration rules for 21st century (and thus the name American Competetiveness for 21st century) and provide some mobility for the applicants while their GC applications are pending. The delay in application processing is still relevant (actually its more severe) - irrespective of whether its caused by processing or because of lack of visa numbers. AC21 regulations never mentioned about the origin of delay or the longivity of applicant with original company. Changing interpretation of a rule they made, that too without notice is unfair and maybe even unlawful.

    So far I was thinking that its a case of misinformed IO rejecting I485 once they see a I140 revocation. But rejecting MTR on the grounds that employee has left the company on his/her own and so does not have intent of continuing in the job is just plain twisting of their own rules. And we need a much bigger effort - if its a case of a few misinformed USCIS employees incorrectly rejecting I485 - then it could have been fixed with a low key effort that we are doing. We are seeing more rejections based on unknown "interpretations" - and even MTR getting rejected - it kind of gives a feeling that they have a bigger agenda here and we need to fight on a bigger scale.



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  • ragz4u
    03-15 08:32 AM
    Did anyone else get through? I was trying www.capitolhearings.org Dirksen226!




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  • continuedProgress
    09-10 06:13 PM
    $100
    All, lets keep the momentum going.



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  • pd_recapturing
    10-17 10:17 AM
    As I said before, I am willing to spend time (and of course money) to go and talk to anyone who can help us in this regard. Though, I am not in this situation but who knows. Guys, pls come forward and participate in this very very imp campaign.




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  • jonty_11
    07-06 10:47 AM
    Check OH Law Firm post.
    I'm afraid that the fire has alerady started.

    With the lawsuit and the explanations that they have to give, most likely this issues will come up and this is going to be used against us from now on ....

    Just what we needed ...
    :(
    OK can u explain how this info can be used against us...what the heck did we do?



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  • thomachan72
    03-19 01:38 PM
    I would encourage that IV should compile cases of members who have been denied home loans because of their immigration status and present them to the president. Housing industry is in a crisis and they are denying loans to people with solid income????




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  • Eb3_frustrated
    04-25 02:55 PM
    learining01

    Good thing you are doing and not talking, but lot of members are giving good suggestions, like contacting Professors who attended the Hearing this morning in the judiciary commitee meetings. Isnt that a new idea that was brought about only today...

    We need more ideas and more action as we go along.

    ...not people running around with sticks trying to exert power or whatever they think they are doing..I mean grow up man..learn to deal with people



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  • lazycis
    05-14 03:50 PM
    this is extremely useful information. Can you please update IV Wiki, when you get a chance ? www.immigrationvoice.com/wiki

    Will do.




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  • diptam
    08-11 04:14 PM
    I've made some date changes to the NSC letter - rest are all absolutely same. It's good to know that this letter does NOT need to be signed by Employer. Lets wake up friends !!!!!!!!!!!!!!!!!!!


    From,
    ABC XYZ
    Address:


    To,
    Citizenship and Immigration Services Ombudsman
    Department of Homeland Security
    Attention: Case Problems
    Mail Stop 1225
    Washington, D.C. 20528-1225


    Dear Mr. Ombudsman:

    Re: I-140 processing delays at NSC for Apr - June 2007 non-concurrent petitioners

    I submitted an I-140 petition for an employment based green card to NSC during the May 07. I have been waiting for more than a year now and still there have been no updates on my case. While the processing times on USCIS website shows that NSC is processing cases filed around Mar 22nd 2007, we have been consistently observing (on multiple tracker websites online and from friends who recently received their Approvals) that NSC has been processing & approving cases filed post August-September 2007 and some as recent as this year. While people like us are still waiting, people who applied recently are getting approval notices. This fact can be confirmed by Ombudsman's office requesting NSC to provide with the receipt dates for all the I-140 cases approved in the last few months. It's only fair that people who filed earlier are given preference following the FIFO policy of USCIS.

    This delay in processing and ignoring our cases at the expense of recently filed cases is causing us undue hardship. Some of members who are in similar situation who contacted NSC have received responses that our cases will not be picked for processing until our priority dates are current. But there are several hundred cases like mine, who have an earlier approved I-140 and have filed a new I-140 petition (based on a new PERM labor) after we joined a new employer and were intending to port our old priority date which is current per the latest visa bulletin. At the same time, NSC has been approving I-140 petitions and whose PD's are not current.

    Also some of the members, who contacted NSC, have received responses like "We are waiting for FBI name check to clear before we can process I-140 petition". It is clearly known that there is no need for FBI name check for processing I-140 petitions. Also, now that there is a new memo stating that if FBI name check has been pending over 180 days, then I-485 can be conditionally approved without having to wait for clearance from FBI. In spite of this memo, NSC has been consistently ignoring our petitions.

    Some of members who have contacted USCIS Ombudsman regarding this delay have received responses from the Ombudsman's office stating that they are aware of the delays in processing I-140 petitions. But till date, we have not seen any action on part of USCIS to address this issue in-spite of many members raising this issue during Ombudsman's conference calls and sending letters to your office.

    Lack of I-140 processing for non-concurrent filers has prevented us from receiving some of the interim benefits (EAD/AP valid for 2 years, possibility of using AC21 in these uncertain economic conditions) that come with an I-140 approval. This has resulted in us applying for EAD/AP's multiple times and paying for expenses associated with it.

    I seek your assistance in investigating in this matter with NSC and impress upon the center to complete processing I-140 petitions for the non-concurrently filed cases during Apr-June 2007. I also urge you to request USCIS to re-instate the premium processing service for all categories of I-140 petitions with no pre-conditions to qualify.

    Please feel free to contact me if you need additional information. I would appreciate your response and assistance in this matter.

    Sincerely,




    ABC XYZ
    Phone : -
    Email : -
    Address: -

    Your employer does not need to sign the letter. You can sign the letter. On section 12 of the form 7001 mention " please see the attached letter" and then include the letter to be mailed to Ombudsman's office.



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  • Ram_C
    10-01 05:09 PM
    Let us wait for the statement from USCIS

    are they going to release one at all?




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  • satishku_2000
    07-05 03:25 PM
    BharatPremin you in CA?



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  • kumhyd2
    07-10 01:21 AM
    Is there a SoCal IV member list? Any one from San diego?




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  • gc28262
    03-04 12:58 PM
    See the link

    http://www.immigration-information.com/forums/showthread.php?t=7065



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  • Jimi_Hendrix
    11-20 09:49 PM
    Got legal immigration?

    Joe Adams holds on to his coffee cup while he anxiously reads the immigration news headlines on Google. The democrats have just won control in Washington and like all immigrants; Joe is hopeful that some immigration reform will emerge.

    Joe, a native of United Kingdom first came to the United States in 1998. After graduating from Harvard Business School with an MBA he got his dream job in supply chain management. It was not long after that Joe’s company filed for his permanent residency. Life moved on and soon Joe and his wife Kathy had their first child. “The year was 2003” reminisces Joe, “I was really beginning to understand the U.S. immigration process. I was getting a handle on the numerous loops that lay ahead. It was soon apparent to me that immigration was no walk in the garden”.

    Of the 940,000 legal immigrants in 2004, only 16% were skilled employment-based immigrants. About 40% of these skilled immigrants had advanced degrees, or 5 or more years of experience after a baccalaureate degree. The impact of these workers’ contributions to American competitiveness belies their small number. They add to the process of scientific discovery, technology development, and innovation, which in turn leads to greater productivity growth. Current immigration policy is abetting brain drain and forcing many of these immigrants to leave for countries like Canada and United Kingdom where skilled immigrants are given priority over undocumented and family-based immigrants.

    Legal Immigration, Rewarding?
    “Most importantly legal immigration has to be rewarding for legal residents and create a shining example for all other immigrants”, remarks Joe Adams. In the United States, all immigration reform for highly skilled immigrants is bundled with reform for undocumented workers. This phenomenon is representative of the apathy of U.S. immigration policy towards highly skilled legal immigrants. Many of them have advanced degrees in science and technology. They have trained and honed their skills while working in U.S. companies.
    Currently permanent residency applications for skilled, employment based immigrants are backed 5-8 years. In the interim applicants are unable to change jobs, get promotions or make any major financial decisions. Highly skilled, legal immigrants need immigration reforms that will reduce massive process backlogs, improve processing by government agencies and better the quality of life while the application is pending.

    Legal Immigration Myths
    Extremist, anti-immigration advocacy groups have aggressively publicized myths about legal, skilled immigrants. Let us expound some of the common myths about employment based immigration.
    Myth: Increasing green cards will enable more new immigrants to enter the country
    Fact: Most immigrants who are caught in the employment-based immigration backlog have already spent 5-10 years in the United States. They have integrated socially and culturally. Companies have spent thousands of dollars on training these workers.

    Myth: Employment based immigrants do not pay taxes and are a social burden
    Fact: Employment based immigrants are required by law to file for federal and state tax returns each year. They pay social security taxes, medicare taxes, payroll taxes and all other applicable taxes. Employment based immigrants are not eligible to receive social security benefits unless their permanent residency applications are approved or unless they have worked in the U.S. for several years.
    Myth: Employment based immigrants take away local jobs
    Fact: Most progressive Americans realize that educated immigrant workers play a crucial role in stimulating the local economy. Highly skilled immigration fills the gaps in availability and makes the U.S. economy competitive and resilient. A recent study concludes that immigrants have fueled the US entrepreneurial economy, starting one in four venture-backed companies since 1990 and two in five in high technology. This is according to a study released by the National Venture Capital Association trade group to the U.S. Congress in November 2006.

    Myth: H1B quota increase will result in more green cards
    Fact: H1B has a separate quota from green card quotas. Even after an individual has approved security check, labor certification and employment eligibility; a visa number must be available for him to receive a green card. This quota is subject to annual numerical limits. Based on the current annual visa limit, applications are backlogged 6 years.

    Future of Legal Immigration
    It is presumed that legal immigration process works efficiently and in a clockwork fashion. However when you consider that legal applicants have to wait 5-8 years for a green card; this statement is false. In the current political environment pro and anti immigrant extremism exist side by side. A rational, middle of the road approach is largely missing. Such an approach would prioritize immigration based on the contribution of immigrants towards economic growth, the reduction of job outsourcing and most importantly rewarding those who chose to enter and continue to reside legally in USA.
    Americans largely supports legal immigration. This year, the Secure Knowledge, Innovation and Leadership Bill was introduced in Senate and in the House of Representatives. This bill provides the much needed immigration reforms for highly skilled immigrants. However the democrat leadership has not yet declared immigration on their agenda for the first 100 hours of work. Unless congress collectively passes immigration relief for skilled workers, political considerations for the 2008 presidential elections will put this issue on the back burner again.




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  • javadeveloper
    07-18 04:25 PM
    Hello All,

    Some food for thought.

    As I understand we (i.e IV) has 21000 members and 14000 active members. If even each active member contrubute $ 20 per month, that would be $ 420,000 per month or about $ 5 Mn per year.

    Imagine the miracles that we can do with that kind of fund!! And I am damn sure that we can afford $ 20 per month. Cost of few gallons of gas per month.

    Non contributing, active members! Please wake up atleast now and do some soul searching!!!

    I do agree , but I do not see any $20 contribution in google checkout or paypal.We have to mail the checks.I guess we can get more contributions if we include $25,$50,$75 contributions in google checkout as well as paypal.Correct me If I am missing some thing.




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  • Keeme
    03-06 07:23 PM
    Could you explain this point. Why would lesser number of FB visas be issued in a bad economy ?

    Does economy state has any relation to FB visas ?


    For pre-adjudication, visa availability or the chances of PD becoming current is not necessary. They can pre-adjudicate based on receipt date.

    My guess:
    Probably they are processing all employment based applications right away so that they can prepare for CIR 2009. I guess Obama will take CIR this year itself as he has a very high approval rating and lot of goodwill now.

    Number of immigrants allowed each year since 1900s. You would see big drop at/after every recessions/depression. Reports says there is already big drop in illegel migration at Mexico border. Govt offiials of any country would do anything and everything they can to control unemployment figures.




    vinzak
    12-10 04:09 PM
    Source:
    Visa Bulletin for January 2010 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4597.html)

    Should Section 202(a)(5) be applied, the rate of number use in the Employment preference category would continue to be monitored to determine whether subsequent adjustments are needed in visa availability for oversubscribed countries. This action provides the best possible assurance that all available Employment preference numbers will be used, while still ensuring that numbers remain available for applicants from all other countries that have not yet reached their per-country limit.


    Does this mean that spill over is not "quarterly" as we've been discussing, but rather at the discretion of DOS as to when they will spill over?

    While the added text as explanation in the bulletin is appreciated, it really doesn't clarify anything for me, so somebody please explain!!!




    pappu
    09-30 06:00 PM
    My EB3 PD is Oct 2003. I-140 approved and I-485 ND is July24th.when can i expect to get the green card?. thanks in advance.

    We all have the same question and are looking for answers. Till now it looks like the wait can be as long as 4-8 years for different nationalities.



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