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  • paskal
    09-30 04:07 PM
    USCIS can process recaptured numbers. If 200k numbers are in one year USCIS will plan for 200k numbers in that year.In 2000 they processed more applications after a immigration reform. One way of preventing wastage is plan to process all the applications in 11 months. If any unused numbers can be processed in that one month.

    if they give green cards for sucking up?

    and by your usual logic, why can't they plan for 140,000 every year? they know in advance don't they? there has been a year in which almost half the green cards were wasted- look it up yourself- the fact remains that they waste every year and it is useless to expect that they will suddenly and consistently do much more than is being asked now. unless...something changes...

    just for my info do you find anything at all wrong with the whole process? or are we just misguided fools that you are here to educate?




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  • americandesi
    06-25 05:35 PM
    I agree with mpadapa,albertpinto and other folks.

    US is going to gain something.

    - We are staying in the apartment more than 8-9 years, we want to live in the own house but we cannot buy a house.

    - We have some idea and we want to implement it but we cannot do it.

    - We want to send our kids in the private school but we are sending in the public school and charted school.

    - We want to go for MBA/Higher education on own expense but we cannot do it.

    - We want to buy 57-60 inch LCD TV and other luxorious items but We cannot buy it.

    - We want to go on the Vacation/Home country but we cannot go.(Visa restriction for people whose H1 is expired or working on the EAD)


    Money is required for all above items. Each item will give at least micro level boost up to the US economy. But without GC we cannot spend/invest our hard earned money. Because we don't know what is going to happen of our status tomorrow.

    Another most important things, when we came to this country most of us were mid twenties and now most of us are mid thirties. We earned money but we gave best of time of our life to this country.

    I would like to share some real life experiences from my friends so that we can debate the questionable topic of what America is losing by prolonging immigration benefits.

    1) Friend A – (Current status - H1B) Came to US in 1999 for his higher education and later joined a Fortune 500 company on H1b. In early 2006, he quit and started a consulting company with his GC friend and transferred his H1 to the same company. He applied for his I-140+I-485 during the July fiasco and got his I-140 approved in May 2008. Currently there are 15 employees working for his company and the annual revenues stand at around $1 million. He is also planning to start offshore operations in the near future.

    2) Friend B – (Currently in India) – Came to US during the Y2K era and later joined a Fortune 500 company as a consultant on H1B and immediately purchased a 3 bedroom home. He stayed in one of the rooms and leased the other 2 rooms to his friends and used the rental income towards mortgage payment. Four years later he sold his home for a hefty profit, left for India and started an offshore consulting company.

    3) Friend C – (Current Status - TN) – Came to US during the Y2K era on L1 through a top MNC from India. Since his employer wasn’t sponsoring his GC, he applied for Canadian PR and got the same by 2003. He relocated to Canada, got his citizenship and joined a Fortune 500 company in US on TN visa. He’s not bothered about US GC at all as his Canadian passport provides unrestricted visa free access to 125 countries around the world.

    4) Friend D – (Current Status – H1B) – Currently works for a Fortune 500 company as a consultant on H1B. He lives in a posh apartment and drives a Mercedes C class sport sedan though his GC process is not even initiated.

    5) Friend E - (Current Status - US GC holder) - Came to US during the Y2K era and got his GC in 2003. Currently lives in a single bedroom apartment with his wife/kids and is known for frugal life style in spite of living in US for almost 10 years. So much is his frugality that he postponed purchasing a $500 worth laptop for many months so that he could save money towards his India trip. He still drives a late 90’s run down Honda Civic.

    6) Friend F - (Current Status - US Citizen) - Came to US during the Y2K era and got his GC in 2002 and US citizenship in 2007. Currently earns close to $100K, but still lives in a single bedroom apartment with a frugal life style. As far as I know he had never washed his car (late 90’s Honda) and avoids eating out.

    7) Friend G - (Current Status - US Citizen) - Came to US during the Y2K era and got his GC in 2002 and US citizenship in 2007. He purchased a 3 bedroom home even when his I-485 was pending and currently lives a normal life style just like many of us and plans to retire in India.

    Hence the underlying fact is that, there’s no relationship between a person’s immigration status and his/her contribution to America and it’s crazy to believe that people will go on a spending spree or start companies as soon as they receive GC’s.

    BTW I’ve got a Home Theater at my apartment and my current status is H1B with pending I-140 + I-485 :)




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  • tejonidhi
    07-14 01:40 PM
    Here is the confirmation 7YB1J-BR7B7:)




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  • GCwaitforever
    12-26 02:30 PM
    http://www.cyrusmehta.com/News_Cyrus.asp?news_id=1426&intPage=85

    II. News from the Department of Labor (�DOL�)

    Progress at the Backlog Elimination Centers (�BEC�)

    William Carlson, Administrator of the Office of Foreign Labor Certification, said that the BEC is on target for meeting its goal to clear up the backlog of Traditional and RIR cases by September 30, 2007. The BEC started with 365,000 cases that were filed prior to PERM. As of December 2006, 220,000 have been closed out and 142,000 are still pending. Of the pending cases, 59% are Traditional Applications and 41% are RIR Applications.



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  • ronhira
    08-13 09:26 AM
    "08/12/2010: Wow, That Is Fast. H.R. 6080 Presented to President Today, and President to Sign 08/13/2010, Friday

    * As soon as the Senate passed the bill, the Congress quickly cleared for White House and has already been presented to the President. Since it passed during the special session, everything had to be cleared out of the Congress quickly, I guess. USCIS must be busy to get ready for processing and collecting increased fees from these employers soon. The new filing fees will be a huge amount, especially when they decide to file a premium processing request. Can you imagine how much these employers will lose for a single case if the case is filed on premium and denied!! Ouch!
    * The new fees will take effect tomorrow since the President is scheduled to sign it into law at 11:00 a.m. EST, tomorrow. "

    - The OH Law

    wondering if its time to leave....

    agree..... these new filing fees is a huge amount.... it would have been so good to let immigration lawyers make all this money..... better off.... senate should have passed a bill that immigration lawyers r doing public service & their fee should be increased by $2000....




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  • hopefulgc
    09-12 11:41 AM
    can we put up forum threads here for state chapters or some kind of direct link or page for each individual state chapter
    Doing state chapters through list servs is just not working out.



    In my opinion

    (1) Community must unite
    (2) People must come out of anonymity by providing true information
    (3) People must walk the talk - just not open threads and keep discussing
    (4) Efforts must be well organized - IV is a great organization - we have state chapters where people can organize themselves - helps us all to do things more effectively

    The biggest issue is - everyone come here and open threads but it alll stops there - people join state chapters but do nothing - just want to get updates - and always blame IV for whatever happens and question IV and want to grill IV as to what IV is doing.

    Can we all get organized?

    Sanjeev - I am sorry I am digressing from the original plan of this thread - but lets face reality - what is the use of all these tangential efforts - you may get hundreds of replies on this thread - but is there a proper directive? No one knows what to do it all starts and ends in discussion and waste of valuble time doing nothing.

    I would rather recommend
    (1) Lets get organized
    (2) Give out proper information
    (3) Pledge wholehearted support
    (4) Be committed
    (5) Join a state chapter
    (6) Expand the community
    (7) Work hard
    (8) gather support
    (9) take initiatives to lead - support will follow
    (10) Do not waste time on unnecessary predictions, discussing waste, roumors etc...
    (11) Understand the effort - lobbying - understand that IV needs a lot of money for lobbying - please contribute - please raise funds

    Is everyone ready to do the above?



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  • vkannan
    02-23 06:22 PM
    I just now talked to an IO and she said that last Friday the processing dates for NSC are all wrong and its a mistake. Those will be corrected soon in couple of days.

    here we go again....looks like USCIS never learns by their mistakes.........anyways I feel Processing dates does not matter anyways for USCIS to process the applications..........




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  • darslee
    07-07 12:31 PM
    Interesting....Our new attorney thinks we have a really strong case too...:)



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  • BostonGCVictim
    01-02 04:45 PM
    This is from a guy who left after years of waiting. I don't know him personally but his prose is very powerful.

    Read it here at http://tired-immigrant.blogspot.com/




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  • dvb123
    09-13 06:35 PM
    Sec. 42. 53 Priority date of individual applicants.

    (a) Preference applicant . The priority date of a preference visa applicant under INA 203 (a) or (b) shall be the filing date of the approved petition that accorded preference status.
    (b) Former Western Hemisphere applicant with priority date prior to January 1, 1977 . Notwithstanding the provisions of paragraph (a) of this section, an alien who, prior to January 1, 1977, was subject to the numerical limitation specified in section 21(e) of the Act of October 3, 1965, and who was registered as a Western Hemisphere immigrant with a priority date prior to January 1, 1977, shall retain that priority date as a preference immigrant upon approval of a petition according status under INA 203 (a) or (b) .
    (c) Derivative priority date for spouse or child of principal alien . A spouse or child of a principal alien acquired prior to the principal alien's admission shall be entitled to the priority date of the principal alien, whether or not named in the immigrant visa application of the principal alien. A child born of a marriage which existed at the time of a principal alien's admission to the United States is considered to have been acquired prior to the principal alien's admission. Sec. 42. 53 Priority date of individual applicants.

    (a) Preference applicant . The priority date of a preference visa applicant under INA 203 (a) or (b) shall be the filing date of the approved petition that accorded preference status.
    (b) Former Western Hemisphere applicant with priority date prior to January 1, 1977 . Notwithstanding the provisions of paragraph (a) of this section, an alien who, prior to January 1, 1977, was subject to the numerical limitation specified in section 21(e) of the Act of October 3, 1965, and who was registered as a Western Hemisphere immigrant with a priority date prior to January 1, 1977, shall retain that priority date as a preference immigrant upon approval of a petition according status under INA 203 (a) or (b) .
    (c) Derivative priority date for spouse or child of principal alien . A spouse or child of a principal alien acquired prior to the principal alien's admission shall be entitled to the priority date of the principal alien, whether or not named in the immigrant visa application of the principal alien. A child born of a marriage which existed at the time of a principal alien's admission to the United States is considered to have been acquired prior to the principal alien's admission.



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  • for_gc
    08-13 05:18 PM
    Good interpreation there bro', too good to be true.

    Doesn't help us any. The spillover numbers will go to the country which is most retrogressed. So, if Mexico EB3 goes back to April 2001 and stays there and there are any spillover numbers they will first go to Mexico.




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  • lazycis
    05-14 12:17 PM
    No man.........I am waiting for the outcome.......In fact to be frank I am bracing myself for Writ of Mandamus Lawsuit.....frustration....

    Congressman's liason may be able to help, but to be on the safe side, fork out $350 and dispute the denial in federal district court. It is different from mandamus, it's an agency action which is not in accordance with the law. Court filing may help you to preserve status/EAD/AP.



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  • GCKaMaara
    10-27 07:43 AM
    Good job GCWonder & cnachu2.

    I got few PM from senior members that they sent mails too. Please do not loose the momentum - keep sending mails.

    ItIsNotFunny, thanks for reminder.




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  • abhishek101
    09-08 11:38 AM
    Similar law exists in UK if you are on workpermit for 5 years you automatically get Permanent residency.



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  • mirage
    08-21 08:03 AM
    Guys Please send this out. It'll take 20 minutes and less than $2 of postage stamps...
    ------------------------------------------------------------------------
    Charles Oppenheim / Visa Section
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520

    From,

    Your Name/Your Address/EB-3 India Applicant
    Priority Date: May 2003
    Some City,
    OK-2#####

    Dear Sir/Madam,


    Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories


    I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.

    It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.

    A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
    We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.

    It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
    We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.



    We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.


    God Bless America!

    Thank you for you attention,


    (Your Name OR EB-3 India Applicant )
    Priority Date: April 02
    Category: EB-3
    Member ImmigrationVoice.Org

    Copy Sent to

    Honorable Secretary of State
    Dr. Condoleezza Rice
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520


    Honorable Director, USCIS
    U.S. Citizenship and Immigration Service
    20 Massachusetts Avenue, NW
    Washington, D.C. 20529

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

    Senator John Cornyn
    Chairman - United States Senate Judiciary subCommittee on
    Immigration, Border Security and Citizenship
    517 Hart Senate Office Bldg.
    Washington, DC 20510
    Main: 202-224-2934
    Fax: 202-228-2856

    Congresswoman Zoe Lofgren
    Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
    Refugees, Border Security, and International Law
    102 Cannon HOB
    Washington, D.C. 20515
    Telephone (202) 225-3072




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  • webm
    04-30 03:28 PM
    Testimony is going in full mood/swing..questions by questions...to uscis/dos..



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  • drona
    07-19 02:08 AM
    Signed up to contribute $50 per month.




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  • chanduv23
    11-20 10:22 PM
    I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!

    I think you are wrong ( I just think)

    H1b and AOS are two differnt things and are not coupled. A yearly h1b extension beyond 6 years is given if you have a Labor pending for more than an year or pending 140 more than one year and a 3 year h1b extension is granted if you have an approved 140.

    So the basis of getting a h1b extension or transfer is 140 and not AOS. One may not have even applied for AOS but can get h1 extensions as long as the above conditions are satisfied.

    This is based on what I know. Thats why Attorneys prefer h1b compared to EAd because h1b essentially gives time for you to change jobs/apply for new GC petition in case existing petition has tons of issues etc...




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  • vayumahesh
    11-09 08:50 AM
    I need info from the experts here. I am thinking of going with interfiling process rather than wait for the USCIS system to identify the case as current. One issue with my case is I-140 attorney (company lawyer) is different from I-485 attorney (outside company). My company attorney has forwarded the copy of I-140 to my I-485 attorney. Is I-140 copy enough or must submit original with the interfiling process ?

    The following thread in Immigrationvoice says, lawyer needs to send original I-140 with interfiling process.

    http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/17441-interfiling.html (response by sanbaj - The lawyer has to write a letter to USCIS along with the original approval notice of the newly approved but older PD I140. )




    indyyy
    04-11 03:02 PM
    No, unfortunatelly, there are many thousands like me.
    PD - Nov 2001, regular, EB2 - No 45 day letter yet - How about that ?




    p1234
    09-14 05:47 PM
    Dost.. tum to bade hi budhu ho.... dawa karao apne dimag ki.... ya ho sakta hai ki tum EB3 ho.

    Needless to say.. u are not very intelligent.

    I will see how you react when the entire 12 million illegals get chance to file in EB3 and your Eb3 bulletin dates goes to 1968.

    Don't put EB3 down, you call yourself a doctorate and yet keep farting around.



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