Wednesday, June 22, 2011

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  • Madhuri
    10-12 02:41 PM
    PD Mar 2006
    485 pending
    Recd EAD





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  • srini1976
    07-11 09:12 PM
    I consider this movement of dates a ticket to enter a lucky draw. Whatever visa numbers remain to be used in last two months of the fiscal year is going to be allocated at random to people who have their PD current in this period. So, congratulations to whoever gets lucky.

    Well, your luck might be influenced by a variety of reasons like when you sent your application, whether your 140 is already approved, is it a complicated case, pending RFEs, etc. Nevertheless, it still is good news that so many people are now eligible to participate in the draw...

    You are absolutely right dude :)
    All (whose PD will be current) the Eb2 India folks try your luckkkkkkkkkkkkk..





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  • champu
    02-18 07:14 PM
    Hello,

    Is it true if you are in US for more than 5 years you get GC? It is too good to be true.

    Any way which part of this bill says so? I am sorry for my ignorance.

    Is it valid even if you came on F1 and started working ....

    thanks in advance for answers.

    How to convert from Legal to Illegal?;)
    How about if I tell USCIS I am born here and never applied for Birth Certificate?





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  • onemorecame
    10-11 11:05 AM
    Status changed to 'Your Case Status: Request for Evidence Response Review'.



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  • justAnotherFile
    07-24 01:23 PM
    The law 245 (c) clearly states that the status of the applicant may be adjusted to that of permanent resident only if the visa number is available.

    Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.

    This must lie within the discretion of the USCIS but will need some lobbying because of no precedent of invoking it.

    This is similar to the H1-B issue, previously apllication were accepted only on Oct 1, if the current year visas ran out. The USCIS made a policy change to accept applications for the next year starting April 1 in order to alleviate some problems regarding status etc.

    Those of who who are inetersted in pursuing this furhter should write a 2-3 line question to USCIS in the below link. If there are enough questions on the same issue we may elicit a response.

    http://www.whitehouse.gov/ask

    we can plan further action later.





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  • NKR
    07-28 01:10 PM
    I consider myself liberal as in live and let live. This depiction pushes envelope big time. Along with rights comes the responsibilites.


    Well said, people should exercise restraint while following freedom of speech since it can hurt sentiments.

    When someone drew nu** pictures of Hindu Gods and Goddesses, all these so called pseudosecularists cite some 16th century sculpture and say that it has always been like that. Someone sculpted something which was wrong and now some people allow another wrong citing the previous wrong. 2 wrongs won�t make a right.

    The post previous to yours asks people who are complaining to take their complaints to RSS and BJP. Why?. So that they can call them fundamentalists later?. This is heights of hypocrisy.



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  • indio0617
    11-22 10:40 AM
    Ok. Here is a question I have.

    I know one can get 3 years extensions once 140 is approved even with previous employer. The question is -

    Assume EB2 140 is approved for previous employer has PD June 2004, and then one changes the job. By the time his 6 years of H1B gets over, June 2004 becomes current. Now the person cannot file 485 since 140 was approved for old employe whom he has left an year back. Will the person still get 3 years of extension on H1B?

    I was thinking, u get 3 years extension due to retrogession.. so with the fact that PD is current, how will you still get 3 years of extension?

    Thanks.

    Yes. You are correct. 3 year extension after I-140 approvals can be granted only if you are unable to file for I-485. Things will be complicated in the scenario you outlined which would require some prior planning.

    It is all a big mess, forcing us to stay in this perpetually uncertain state, putting our lives on hold. Of course we all have a choice : factor out the GC from our career / life equation and move on without all the complexities. I guess we will see more and more people taking that route now given the gloomy scene on retrogession.





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  • ramus
    07-01 07:04 PM
    Pappu,

    You don't need to be so polite with this member.. He/she just joined IV. Haven't done anything for IV.. Don't know what IV is doing any now start talking about IV core doing partying..



    No we are not partying. Welcome to IV. Please update your profile with full information. Thanks.



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  • abhijitp
    08-03 02:25 PM
    According to the person I spoke to:
    1. I will be issued an RFE if my AOS packet did not contain the EVL
    2. Once the A# is issued, that means the application has been accepted, so no outright rejection can happen, however RFEs can be issued at a later date.





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  • jgh_res
    07-05 12:38 PM
    My background: I am a desi. I contributed around 300$ or so. I filed my 485 couple of years ago. So I am not that desperate.

    Onething about desi's I figured out over a long time, they dont mind spending zillion dollars for attorney fees, USCIS fees, whatever fees. But they really mind paying 20$/month towards IV or anything, if there is a way they can get it for free.


    What an epitome of hypocrisy? Non Profit org working towards GC alleviatoon and needs resources for lobbying. Yeah! The Blue skies are showering green on IV every day. How about us working for a Non profit org or EDU for free? They all serve noble causes. Dont they?



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  • 485InDreams
    09-26 09:47 AM
    Guys,

    Choke the CNN editorial site with the mail stating tht its for Green card...Green card.
    Also, send the link to other editorial site like NYTimes, Washingtonpost, Businessweek to them...so that they will learn wht to right correctly....
    For the people who Attended /(didn't attend) the rally...Please do this...





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  • voldemar
    06-20 06:06 PM
    1) Is it ok if I file EAD & AP separately from I-485?
    Or should i wait till I-485 approval is received and then file EAD & AP.
    When you get 485 approval you will not need EAD or AP :D
    It's OK to file for EAD and AP yourself, I did it 4 times but you need I-485 receipt notice and I-140 receipt and then approval notice to do that. So if you are wiling to wait till your lawyer get notices (it could be months for those who are filing in July) and your employer and lawyer will provide you a copy of all notices - it's fine to file yourself.



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  • yabadaba
    09-10 04:07 PM
    thx for catching that.. i m sending it now to my school





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  • cygent
    03-21 04:35 PM
    Hello all,

    How do you determine if the category filed is EB2 or EB3? How can you find that out from which document?

    Thanks!



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  • pappu
    03-10 04:11 PM
    I think we should take visa re-capture as high priority once we clear FOIA issue. Whats your opinion?

    We have already made it a priority. This funding drive is happening after many months. I do not recollect having an IV drive in a long time. Thanks for leading the thread and making members active.





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  • tikka
    07-25 09:40 AM
    WHEN: Wednesday �AUGUST 1st
    LOCATION- 48th and Park Avenue
    TIME: 7 pm

    CT FOLKS- Grand Central is a few blocks away. Naveen handle on IV (tnite)will be coming from CT so please send him a PM.

    NJ/NYC: Take E, V to 5th avenue and 53rd street and then you have to walk a few blocks!


    Let's meet up and get to know each other. It would be great if you can make it!!


    ALSO- PLEASE DO UPDATE YOUR CONTACT INFORMATION

    Thank you and enjoy the week!



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  • p_kumar
    02-20 03:16 PM
    Do you belive this guy?. His name is Ron Gotcher. All he will say is GOTCHA!!!!:D

    But seriously, Any chance of Eb3 advancing this year?.





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  • Ramba
    07-04 07:25 PM
    Everyone blaming CIS/DOS needs to understand some basics behind this mess. Before going to conclude anything, first, one should read all the ombudsman reports for last 3 or 4 years. Former INS or current USCIS�s functions and operations were not questionable and not known to public till ombudsman office was established. Ombudsman has helped customers and keep helping to improve efficiency of CIS. Ombudsman main concern (or goal) have been over the 4 years are

    1. Primarily reducing backlogs in any application type particularly 485 and timely approval of any application.

    2. Abolish the need for interim benefits like EAD, AP etc. If they approve 485 in 6 months, then most of us do not require EAD and AP.

    3. Reduce the wastage of EB visas, as unused EB visas can not be carried over to next year (use it or lose it). Since 1992, about 200,000 EB visas were lost permanently. In 2003 alone, they issued only 64,000 EB visas and lost 88,000.

    The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.

    The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.

    That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.

    Now lets come to July Visa bulletin mess.

    Because of tight holding of visa cutoff dates for EB3 and EB2 for the first 8 months of 2007 (From Oct 2006 to May 2007) USCIS approved only 66,000 485s. For the next 4 months they have about 60K to 70K numbers available. If they approve the pending 485s with slower speed or old cut off dates, there is a potential estimated loss of 40,000 EB visas by Sep 2007. Thats why, based on ombudsman recommendation, DOS moved considerably the cut off date for June. When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The �documentarily qualified 485 applications� mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card. Apart from 40,000 documentarily qualified 485 applications, there is thousands of 485 applications (documentarily not yet qualified) pending due to name check. When DOS checked with USCIS they found only 40,000 documentarily qualified 485 applications (in all EB categories put together) are pending. However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made �current� for all EB categories. This is how they determine �current� or �over-subscribed� and how they establish cutoff dates.

     If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered �Current.�

     Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be �oversubscribed� and a visa availability cut-off date is established.

    There is nothing wrong with DOS to make all categories �current� for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories �current� ie fresh guys entering into I-485 race. Because of �current� there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.

    For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.

    Therefore by making �current� for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.

    There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as �current� in June 13 and second is modifying VB only on July 2.

    My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.





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  • kk_kk
    06-10 04:53 PM
    Sent





    chapper
    07-24 10:45 AM
    To the best of my knowledge - she will be in status as long as her H4 application is pending or even AOS pending and also her post OPT is 60 days as mentioned earlier..

    My wife's H4 is pending. I applied AOS for both of US. Her OPT expired on 7/11. How long can she be in status until she gets H4?pls advise me!!!!!!!!!





    gc_chahiye
    12-21 12:54 AM
    He did not pay you. Thats all. don't worry about it. Even I know people who got GC's even with a real degree I mean completed degree even from INdia. Its all LUCK.

    unfortunately even if the employer screwed up, if an employee in H1-B does not get paid, he is out of status and pays the consequences. Does not matter if employer stopped paying suddenly or whatever else...

    the OPs travel outside US and back after this out-of-status is what has 'saved' him in this case, since the out-of-status clock got reset with that re-entry. Also, 180 days of out-of-status past your last re-entry is forgiven. This might still come up in an interview, but cannot be grounds for denial from what I know.



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