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  • wahwah
    09-12 09:49 PM
    welcome to the world of retrogression. it is only going to get worse from here on out.
    with the deluge of filings in june/july and aug. this year....the retrogression will get worse. USCIS will not make the same mistake again.

    How the hell can all the catagories after EB3 be current yet EB3 be back logged???? By rights they should be unavilable until we are current.

    This is just so unfair.

    i can not put in to words just how anoyed i am right now.





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  • nozerd
    08-01 12:49 PM
    If you have kids then its easy to move to India before the Kid goes to 2nd or 3rd grade ie before they are 8 or 9 yrs old. After that there is no way you can take a kid out of school in US and expect them to be competitive in India.
    This is based on US public school system standards (if you are homeschooling its different). I had friends when I was in India who had lived all their lives in Middle Eastern countries and even though they had studied in Indian system they felt it difficult to compete there.

    -----
    I am not sure if you are aware of NAFTA, it was a trade aggrement that was suppose to be the equivalent of EU in terms of trade. It failed because low-cost manufacturing took flight from Mexico to China and similar scenario for software from US/Canada to India. This trend is not going to reverse in next few years. Exceptions will always be there.

    Service sector already accounts for 40 to 50% of Indian GDP and will keep growing. Based on these facts it is obvious that long term economic prospects are better in India/ China, since you are looking from your children's perspective.

    Also, you mention issues about Indian education system. I disagree. There are problems with American education system also. You can't generalize. If your kids are smart they can get into better colleges like IITs etc. I think you are confusing the issue about adaptability with good future prospects.

    One last thing about issues. It would be good to let your kids decide what skils they are interested in learning, most Indian parents live their own dreams through their kids. Just a suggestion :)





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  • saimrathi
    07-10 09:16 AM
    Yes, flight to DC would have been then recovered from USCIS in the lawsuit against them.. :)

    We have a few people making their way to USCIS - so we should know in sometime.

    Actually when I say a few, there are probably only 3 or 4. Even after working the phones, emails and private messages, we could not get too many DC area members to help out.

    If I have one regret for this campaign it is that I should have booked my flight tickets to DC - it would have been just so exciting to have such a good opportunity to voice our issues and concerns.





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  • sathweb
    07-06 12:02 PM
    Counterproductive? what are you talking about. If they want they can approve 25000 cases in one day. It is nothing to do with productivity. Its all plain politics.

    I would let my application rot in USCIS hell than not applying. Regardless of what AILA says, I believe the verdict is going to be for all who is affected.
    If they let us apply I-485 , we get EAD, hence the ability to change the employer after 6 months. Lot of us who work for Desi companies needs this.

    I believe any efforts to make USICIS accept all applications can be couter productive. You can have some people getting stuck for sure for many years before they get their green cards. also since new fees kick in on July 30th, you will have to pay for the EAD,AP.
    The law-suit can benefit only a few of us, so why is IV behind this.
    Can the core members comment on this.
    I tihnk all these efforts do not define a common cause right now.



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  • chanduv23
    03-09 11:30 AM
    Visa Bulletin For April 2011 (http://travel.state.gov/visa/bulletin/bulletin_5368.html)

    EMPLOYMENT-BASED PREFERENCES

    First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

    Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

    Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".

    Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

    Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

    4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

    5. On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)
    Family- Sponsored All Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES
    F1 01MAY04 01MAY04 01MAY04 15FEB93 01APR95
    F2A 01APR07 01APR07 01APR07 01JUL06 01APR07
    F2B 15APR03 15APR03 15APR03 15JUL92 01DEC99
    F3 15MAR01 15MAR01 15MAR01 08NOV92 01JAN92
    F4 01FEB00 01JAN00 01FEB00 01FEB96 08MAR88

    *NOTE: For April, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01JUL06. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01JUL06 and earlier than 01APR07. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

    Employment- Based

    All Chargeability Areas Except Those Listed
    CHINA- mainland born INDIA MEXICO PHILIPPINES
    1st C C C C C
    2nd C 22JUL06 08MAY06 C C
    3rd 22JUL05 01MAR04 08APR02 08MAY04 22JUL05
    Other Workers 22JUL03 22APR03 08APR02 22JUL03 22JUL03
    4th C C C C C
    Certain Religious Workers C C C C C
    5th C C C C C
    Targeted Employment Areas/ Regional Centers C C C C C
    5th Pilot Programs C C C C C

    The Department of State has available a recorded message with visa availability information which can be heard at: (area code 202) 663-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month.

    Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

    B. DIVERSITY IMMIGRANT (DV) CATEGORY

    Section 203(c) of the Immigration and Nationality Act provides a maximum of up to 55,000 immigrant visas each fiscal year to permit immigration opportunities for persons from countries other than the principal sources of current immigration to the United States. The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This reduction has resulted in the DV-2011 annual limit being reduced to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

    For April, immigrant numbers in the DV category are available to qualified DV-2011 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:
    Region All DV Chargeability Areas Except Those Listed Separately
    AFRICA 35,450 Except: Egypt 27,600
    Ethiopia 22,150
    Nigeria 14,100
    ASIA 19,250 Except:Bangladesh 18,350
    EUROPE 23,200
    NORTH AMERICA (BAHAMAS) 8
    OCEANIA 1,000
    SOUTH AMERICA, and the CARIBBEAN 1,075


    Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2011 program ends as of September 30, 2011. DV visas may not be issued to DV-2011 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2011 principals are only entitled to derivative DV status until September 30, 2011. DV visa availability through the very end of FY-2011 cannot be taken for granted. Numbers could be exhausted prior to September 30.

    C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK
    CUT-OFFS WHICH WILL APPLY IN MAY

    For May, immigrant numbers in the DV category are available to qualified DV-2011 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:
    Region All DV Chargeability Areas Except Those Listed Separately
    AFRICA 42,000

    Except: Egypt 31,200
    Ethiopia 26,200
    Nigeria 15,450
    ASIA 23,500
    EUROPE 27,800
    NORTH AMERICA (BAHAMAS) 12
    OCEANIA 1,175
    SOUTH AMERICA, and the CARIBBEAN 1,150

    D. RETROGRESSION OF FAMILY PREFERENCE CUT-OFF DATES

    Continued heavy applicant demand for numbers in the Family First (F1) preference category has required the retrogression of the Worldwide, China-mainland born, and India cut-off date for the month of April.

    Further retrogressions cannot be ruled out should demand continue at the current levels for some categories and countries.

    Not much good news for EB2 and EB3 India. I hope folks realize and do the lobby day seriously.





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  • gemini23
    08-27 12:51 PM
    makemygc, i think you got a bad dmv officer who did not know anything about 797. When I was in FL i renewed my DL many times showing 797.
    Did not have any issues.

    and yes, EAD can be used to renew DL.

    What if DMV refuses to renew the license if I-94/H1 is extended for 1 year (mostly in the case of H1 extension beyond 6th year) but is not stamped on your passport. This happened with me. DMV officer insisted on visa stamped on my passport and he was not ready to accept the I-797 form which I was showing. Finally, I've to go to other DMV and count on my luck to get my license renewed.
    This is a as much a problem with DMV as a problem with employees. I did not 100% agreed with your comments that it's a problem with an employer. Now a days even filing 6 months prior to expiration is not guranteed to give you a timely approval.
    In Florida, no matter if you have 1 yr or 3yrs I-94/Visa, they only issue you a license for 1 year. Period. Florida..anyway sucks.

    Also, can someone tell me, once you get an EAD, can we use that to get the license renewal?



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  • mpadapa
    10-05 04:39 PM
    The person was checking his option for the return journey (after the happy hr)
    Its always good to have a designated driver:D
    You dont need to take a cab to come over to the place..


    Beleive me friend .. Its a nice walk from Time Square to Maya Lounge... Probably 15 minutes..

    Just go to google maps and you will be fine..





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  • muthiahmerchant
    06-28 09:54 AM
    Hi desi3933,

    My wife got approval notice from 10/01/2006. Her employer is willing to give paystubs from March 2007. Will this put her back in status so that she can file I-485?

    We are planning to resign after she file I-485 at July end and apply for COS with 2 paystubs. Will this cause a problem or is it legal?

    Could you please advice?

    Thanks

    I read from a different post that you can file for AOS if you are out of status for less than 180 days. there is a section 245(k) which allows you to do this. I don't know the accuracy of this info.

    this is from murthy.com site

    Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.



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  • v2neha
    01-17 03:31 PM
    Hi,

    I've been reading about iv.org on Rajeev Khanna's immigrationportal.com since last few days. I just enrolled and contributed a little something thru Paypal. I am however curious about Rajeev Khanna and his office's role in this new org. Leaving aside costmetic details - the forum is more than similar to the forum on immigrationportal. Please excuse my ignorance here - both websites could be using something readily available, but I would like to know if both sites have common administrators.

    Thanks
    v2neha





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  • msp1976
    04-09 12:57 PM
    The idea is excellent. You go ahead. I'll follow you shortly afterwards.

    I second that...
    or..third that...



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  • jcrajput
    10-25 08:08 AM
    I have one question: My I-485 applcation (employment based) was rejected due to I-130 attachment in error.

    If USCIS reject my entire package of I-485 because I have attached I-130 application. What are my options? Is there any law that USCIS can only reject I-130 and accept I-485 appplications (myself and for my wife)? I have seperate fee checks for all the applications.

    Please help me....





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  • ivslave
    09-11 04:18 PM
    I understand.... but you know how one thinks..... when you are deciding something... you look around.... ask around.....



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  • unitednations
    03-16 02:22 AM
    Welcome back UN. One question. Does the USCIS have ability to check credit histroy.

    There is nothing in the law; where USCIS can deny a person's 485 due to bad credit. Therefore, they wouldnt' have any interest in checking this.

    They are on record that they will check publicly available information in help adjudicating cases. They usually; do this on h-1b petitions. They'll check the company web-site; company registration; whether office is in a house, virtual office, web-site of company giving purchase order, etc. They frequently quote whatever they find in denying cases.

    I actually came across a case where a company had 14- denied for ability to pay.

    There was a merger between companies and the new company filed the 140 using old companies labor.

    In denial; USCIS said they didn't believe the merger because a search of the california business portal showed that the old company renewed their business registratoin (evidence that it wsas still in business);

    since, president of the company had same name last name as person being sponsored; USCIS actually retrieved the president of the companies greencard applicatoin from 10 years earlier and quoted that the candidate and president were brothers because according to their g-325a's they had the same parents. They denied the ccase and invalidated the labor due to this.

    I remember back in 1994; IRS said that they were going to check peoples credit applications and comparing to peoples tax returns; they were going to try to compare the income people listed on their tax returns to what they were putting on their credit applications.

    If USCIS was going to try to get credit files; it would be in order to compare work/address history with what a person has put in their applications. However, they have a lot of other ways to verify this that they wouldn't need to go to a persons credit file. I know with the economy the way it is; people seem to be worried that declaring bankruptcy or having negative credit history affects their 485. However, not paying debts isn't considered criminal that it would impact a persons applications.





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  • CaveMan232
    10-22 12:52 AM
    Yes, I think I have one thought - WE'r SCREWED!!!



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  • hopefulgc
    03-31 10:48 AM
    Hopefully EB3 should see some movement in this bulletin





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  • Jimi_Hendrix
    10-11 09:15 AM
    I personally don't think any dramatic change will occur by december. You should probably follow your lawyer. This is a reasonable guess based on warnings issued in the November bulletin and assuming that even if any positive legislation is passed there will not be any movement in December bulletin - such movement would occur only later.



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  • mhtanim
    10-25 10:11 PM
    Are you serious lawyers suggesting to return GC?

    I think there was one case that I saw at Murthy web site where the guy went backhome and got married. Came back and found that his green card was approved while he was in his home country and before the wedding took place. Interesting part was that his PD was not current at that time. Because of the situation, he couldn't bring in his wife in H4 anymore.

    The lawyer recommended him to return his GC as it was mistakenly issued by USCIS. Lawyer had to deal with USCIS and returned the GC.





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  • chanduv23
    10-09 02:09 PM
    All the "I will try to make it" will be there. People like to play it safe always, thats why they choose that option.





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  • Openarms
    06-02 05:24 PM
    The summary in OpenCongress.org says below: that means it is only for family based gc not employmement based gc?? where can we read full info??
    "
    This legislation would reform the family-based immigration system and speed up the process for family members of legal immigrants to secure visas. Specifically, it would reclassify spouses and children of legal immigrants as immediate relatives, raise the per-country family-sponsored immigration limits from 7 percent to 10 percent of total admissions, recapture visas that went unused in previous years due to bureaucratic errors, allow widows and spouses to remain eligible for visas after the death of a sponsoring family member, and more.
    "





    BharatPremi
    11-08 10:44 AM
    Let this ' Festival of Lights ' make us focus on our mission of ending Green card Backlogs. Stop us bickering on insignificant stuff to satiate our bloated egos. And show us the light of GC soon.

    Happy Diwali to everyone.

    Well said. Thanks. Happy Diwali.





    CADude
    05-28 02:37 AM
    GOOD ARTICLE FROM WP.COM EYE OPENING..

    What ever we will do USCIS will never finish Backlog... THIS IS CALLED SCAM. :mad:

    http://www.msnbc.msn.com/id/18899687/


    We have to let congress know about this scam.



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