Abhinaym
09-10 10:50 AM
How many posts are required to access chat feature?
50, it said on the log in screen.
50, it said on the log in screen.
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drirshad
07-04 09:35 PM
immigration-law.com
07/04/2007: Status and Issues Involving July 2007 485 Fiasco
* The AILF work on the lawsuit appears to be in progress without any hurdles. It has reported that enough candidates have come forward to participate in the lawsuit as the plaintiffs and it does not need any more candidates to move forward for the lawsuit. Some of other people are likely to be covered as members of the class action regardless of their actual participation in the lawsuit. People should send "THANK YOU" to the AILF Legal Action Center leaders and the attorneys who are actually working on this case. Some contribution to the AILF may be more than appropriate. Please visit the AILF site to learn how they can send in contribution.
#
# We have been asked by the readers to report the alleged conspiracy theory. We declined to do it. However, people may want to know potential issues that should be answered and explored. We will discuss these issues on following hypotehtical premises:
* Presumption of Facts: (1) The I-485 applications have been experiencing a tremendous backlog lately. (2) The causes for the backlog have been known to be delays in the security checks. Some of these applicants have sought a relief in federal courts in the form of mandamus actions. (3) Allegedly, the USCIS pull together local and Service Center employees and pull out pending I-485 cases which were older than six months in backlog, working overtime and during the weekend right before July 1, 2007. This is an assumption at this point. (4) As evidenced by the revised Visa Bulletin, apparently these employees contacted "en mass" the DOS to request the visa numbers for these pending I-485 cases, which the DOS reported in the release of the revised VB turned out exceeding 60,000. (5) The rule requires that the USCIS approves I-485 cases "prior to" to contacting and requesting a visa number. (6) The current USCIS policy and procedure also require that I-485 applications be adjudicated and approved "only after" the completion of clearance of the security checks.
* Issue I: Hypothetically, what happens if the USCIS takes out the visa number before they obtain the security clearace?
o Answer I: Obviously it would violate the rules and the laws.
o Answer II: It will constitue a serious security lapse, compromising the homeland security.
* Issue II: Hypothetically, what hppens if the USCIS requests and takes out the visa numbers prior to adjudication and approval of the pending I-485 applications?
o Answer I: It is evident that the USCIS would violate the rules and the laws.
o Answer II: There could be two probable consequences affecting the backlog I-485 applicants and the new July Visa Bulletin eligible I-485 applicants, shoud the hypothetical facts develop. (1) The backlog I-485 applicants who have been issued I-485 approval notices should not be affected by the fiasco, albeit the potential revocation of the I-485 approvals. In most cases, revocation of the approved I-485 requires the time-consuming immigration court proceedings, assuming that the USCIS has a sufficient cause of action which may be questionable in this case. (2) The backlog I-485 applicants who have yet to receive the approval notice and the USCIS has yet to adjudicate and approve the application might be vulnerable in that the USCIS might be required to return the visa numbers for these cases as there was an error. Hypothetically, these numbers could be returned to the State Department and based on these returned number, the State Department might be required to revise the July Visa Bulletin again.
07/04/2007: Status and Issues Involving July 2007 485 Fiasco
* The AILF work on the lawsuit appears to be in progress without any hurdles. It has reported that enough candidates have come forward to participate in the lawsuit as the plaintiffs and it does not need any more candidates to move forward for the lawsuit. Some of other people are likely to be covered as members of the class action regardless of their actual participation in the lawsuit. People should send "THANK YOU" to the AILF Legal Action Center leaders and the attorneys who are actually working on this case. Some contribution to the AILF may be more than appropriate. Please visit the AILF site to learn how they can send in contribution.
#
# We have been asked by the readers to report the alleged conspiracy theory. We declined to do it. However, people may want to know potential issues that should be answered and explored. We will discuss these issues on following hypotehtical premises:
* Presumption of Facts: (1) The I-485 applications have been experiencing a tremendous backlog lately. (2) The causes for the backlog have been known to be delays in the security checks. Some of these applicants have sought a relief in federal courts in the form of mandamus actions. (3) Allegedly, the USCIS pull together local and Service Center employees and pull out pending I-485 cases which were older than six months in backlog, working overtime and during the weekend right before July 1, 2007. This is an assumption at this point. (4) As evidenced by the revised Visa Bulletin, apparently these employees contacted "en mass" the DOS to request the visa numbers for these pending I-485 cases, which the DOS reported in the release of the revised VB turned out exceeding 60,000. (5) The rule requires that the USCIS approves I-485 cases "prior to" to contacting and requesting a visa number. (6) The current USCIS policy and procedure also require that I-485 applications be adjudicated and approved "only after" the completion of clearance of the security checks.
* Issue I: Hypothetically, what happens if the USCIS takes out the visa number before they obtain the security clearace?
o Answer I: Obviously it would violate the rules and the laws.
o Answer II: It will constitue a serious security lapse, compromising the homeland security.
* Issue II: Hypothetically, what hppens if the USCIS requests and takes out the visa numbers prior to adjudication and approval of the pending I-485 applications?
o Answer I: It is evident that the USCIS would violate the rules and the laws.
o Answer II: There could be two probable consequences affecting the backlog I-485 applicants and the new July Visa Bulletin eligible I-485 applicants, shoud the hypothetical facts develop. (1) The backlog I-485 applicants who have been issued I-485 approval notices should not be affected by the fiasco, albeit the potential revocation of the I-485 approvals. In most cases, revocation of the approved I-485 requires the time-consuming immigration court proceedings, assuming that the USCIS has a sufficient cause of action which may be questionable in this case. (2) The backlog I-485 applicants who have yet to receive the approval notice and the USCIS has yet to adjudicate and approve the application might be vulnerable in that the USCIS might be required to return the visa numbers for these cases as there was an error. Hypothetically, these numbers could be returned to the State Department and based on these returned number, the State Department might be required to revise the July Visa Bulletin again.
thirdworldman
02-23 03:04 PM
I haven't forgotten, but I haven't had time either. I'm going away for the weekend and won't be able to work on it until after Monday.
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actaccord
02-17 10:06 AM
for the update, StarRun.
We should have done it early (by 2 weeks before and continue the same for every 2weeks) so that people who need to get air ticket & Accommodation can get it @ better pricing. Also we will start getting contribution from silent member which can help to understand the level of participation bit early so that we plan for the event perfectly (or close to perfection).
IV sent newsletters last year on advocacy efforts to its members. We are doing it this year as well. We are trying to reach out to our members to attend the event.
We should have done it early (by 2 weeks before and continue the same for every 2weeks) so that people who need to get air ticket & Accommodation can get it @ better pricing. Also we will start getting contribution from silent member which can help to understand the level of participation bit early so that we plan for the event perfectly (or close to perfection).
IV sent newsletters last year on advocacy efforts to its members. We are doing it this year as well. We are trying to reach out to our members to attend the event.
more...
krishmunn
05-23 09:11 PM
Why we dont like gultis ? - eCharcha.Com (http://www.echarcha.com/forum/showthread.php?t=18691)
This link might help you understand the different definitions.
No body ever said you are the only m**on :rolleyes:
Disclaimer : I am not from any South Indian state.
This link might help you understand the different definitions.
No body ever said you are the only m**on :rolleyes:
Disclaimer : I am not from any South Indian state.
kumarc123
07-18 01:51 PM
EB2 dates may be unavailable/ dont move. But it is just for a very short span of time. And after that EB2 dates start moving quickly again. I presume by 2009 october, the EB2 India PD will close to 2008. Any retrogression, if there is, in EB2 will be very mild from now on because of the spillovers.
Regarding EB3: Every year there had been about 100k approvals in EB3 category, out of around 160K(even though there are 140k visas, there have been approving more because they are using unused family visa numbers) approvals in Employment Based Category. This is because of vertical fall outs of visa numbers. Now they have changed the scenario to horizontal fall outs (spreading across at the same category level( ex. EB2) irrespective of country of chargeability.). So this time it would be around 100K approvals in EB2 category.
Let us make as much noice as we could because of EB3 retrogression. That doesnt effect EB2 movement. But may make it possible visa numbers increase for EB category by legislation. So we have to support this agitation made by our EB3 friends.
I could seee all the EB3 folks with PD older than 2006 and EB2 folks with PD older than 2008 will be cleared off in the next two years. I am sure there wont be not more than 1 or 2 years delay between EB2 and EB3 categories in near future.And there are lot of things going to happen for employment based immigratin in the next two years.
This EB2 movement of 2 and half years is just a first step by DOS.
Vldrao my friend I agree with you on that statement, their might be a small change in dates,it could be stagnant for a mild time. But eventually the dates will move fast, as USCIS wants to avoid any type of wastage of visa numbers and reduce the backlog.
It doest not make sense, that in order to clear the backlog USCIS would need to further retrogress EB2 dates in the future. It is like saying 'take one step forward and then take one step back, end results is you stand at the same place"
I Give you a green dot for it
Thanks
Regarding EB3: Every year there had been about 100k approvals in EB3 category, out of around 160K(even though there are 140k visas, there have been approving more because they are using unused family visa numbers) approvals in Employment Based Category. This is because of vertical fall outs of visa numbers. Now they have changed the scenario to horizontal fall outs (spreading across at the same category level( ex. EB2) irrespective of country of chargeability.). So this time it would be around 100K approvals in EB2 category.
Let us make as much noice as we could because of EB3 retrogression. That doesnt effect EB2 movement. But may make it possible visa numbers increase for EB category by legislation. So we have to support this agitation made by our EB3 friends.
I could seee all the EB3 folks with PD older than 2006 and EB2 folks with PD older than 2008 will be cleared off in the next two years. I am sure there wont be not more than 1 or 2 years delay between EB2 and EB3 categories in near future.And there are lot of things going to happen for employment based immigratin in the next two years.
This EB2 movement of 2 and half years is just a first step by DOS.
Vldrao my friend I agree with you on that statement, their might be a small change in dates,it could be stagnant for a mild time. But eventually the dates will move fast, as USCIS wants to avoid any type of wastage of visa numbers and reduce the backlog.
It doest not make sense, that in order to clear the backlog USCIS would need to further retrogress EB2 dates in the future. It is like saying 'take one step forward and then take one step back, end results is you stand at the same place"
I Give you a green dot for it
Thanks
more...
The7zen
01-22 12:38 PM
No, people with all personalities exist every where. I just took two typical cases. Does Warren Buffet care about car or home he has? His happiness lies in multiplying his wealth (bank account), not in expensive cars/homes. Wealth, big homes, GC, etc. have nothing to do with peace of mind. The moment we get our GC, our happiness level will go up momentarily, and then after a while we'll find things to be unhappy again.
Case in question above, where a GC seeker gets up at 5am in a nicely furnished home, and gets to work, is entirely his choosing for happiness with material things. He knowingly choose to sacrifice his peace of mind for more material wealth.
We always pay in some form for any happiness we seek.
Well said.
My Happiness lies whenever i strike a balance between both the scenarios you mentioned...some years its well balanced and some years the scale tends to tip on one side (but does not make me sad or atleast i dont let it make me sad)...I just try to keep an eye on the scale and try to balance it accordingly.....:)
Case in question above, where a GC seeker gets up at 5am in a nicely furnished home, and gets to work, is entirely his choosing for happiness with material things. He knowingly choose to sacrifice his peace of mind for more material wealth.
We always pay in some form for any happiness we seek.
Well said.
My Happiness lies whenever i strike a balance between both the scenarios you mentioned...some years its well balanced and some years the scale tends to tip on one side (but does not make me sad or atleast i dont let it make me sad)...I just try to keep an eye on the scale and try to balance it accordingly.....:)
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srikondoji
11-19 10:39 AM
My H1-B expires in another 8 months. I got my Labor cleared (EB-2) in 2 months through Perm and just finished applying for I-140. Before february, if i don't get my I-140 cleared i will go through Premium and apply for H1-B 3 year extension.
Getting my H1-B extended for 3 years is my goal. Once this happens, i will look elsewhere for a new job and start over GC process again hoping thta by then labor laws improve.
I have not dreamed/hoped to get GC. I am only hoping to stay in this country as long as possible.
I still don't understand why people are frustrated with delays in GC?
Why should you even stress yourself too much about this GC. Just enjoy the life and move on.
thanks
Getting my H1-B extended for 3 years is my goal. Once this happens, i will look elsewhere for a new job and start over GC process again hoping thta by then labor laws improve.
I have not dreamed/hoped to get GC. I am only hoping to stay in this country as long as possible.
I still don't understand why people are frustrated with delays in GC?
Why should you even stress yourself too much about this GC. Just enjoy the life and move on.
thanks
more...
Jello
04-05 08:39 AM
Has any body got any news or latest development about FBI name check?
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snathan
08-21 03:54 PM
luvschocolates...
I really feel sorry for you. I understand your issue and wish we can help you...but things are really complicated in your case. But unfortunately this is how the USCIS is working and immigration is completely broken. Please iginore these guys and get legal help. May be you can contact Sheela Murthy law firm. Its expensive but no other option. Or post your issues in their web site or Ron gotcher's web site. He might be able to guide you in this.
Thanks
I really feel sorry for you. I understand your issue and wish we can help you...but things are really complicated in your case. But unfortunately this is how the USCIS is working and immigration is completely broken. Please iginore these guys and get legal help. May be you can contact Sheela Murthy law firm. Its expensive but no other option. Or post your issues in their web site or Ron gotcher's web site. He might be able to guide you in this.
Thanks
more...
Macaca
09-26 11:06 AM
The email should have info so that recipient can verify that rally was for EB GC issues and not H1B issues.
Say rally was organized by IV.
Put link to IV so they can check IV agenda.
Put link to Washington Post/NY Times article that correctly reported the rally.
Say rally was organized by IV.
Put link to IV so they can check IV agenda.
Put link to Washington Post/NY Times article that correctly reported the rally.
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yabadaba
07-28 12:44 PM
chantu..people like you are the cause of all the problems in the world. go take your brainwashed rss branded version of hinduism and get out of here...our faith, our belief and our core values are way too strong for losers like yourself whose "picture" will always be on the toilet seat even if its not there. forget on the toilet seat.. its in the toilet bowl
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onemorecame
10-22 10:21 AM
Can you please post your timeline here?
RFE : Sep 10 2010,
RFE Received : Oct 01 2010
RFE Repelied : Oct 07 2010
Case approved : Oct 20 2010
Hope this will help
RFE : Sep 10 2010,
RFE Received : Oct 01 2010
RFE Repelied : Oct 07 2010
Case approved : Oct 20 2010
Hope this will help
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Slumdog
01-22 04:17 PM
JSB, I agree partially with your analogy on US & Japan�s Quality of life but that is a generalized statement. The meaning of �Quality of Life� is lost the day people started looking at their house as an investment.
I also agree the quality of Life comes with a price. But not everything should be looked or compared monetarily. Back when I was kid, my Dad had a choice to send me to Govt School or Private school. Private school was expensive & he did pay price by sending me to private school, cutting most of his expenses because he wanted to give good quality of life for his kids. So for everything there is a Price to pay & what �price� means to you is again subjective. There is a lot of difference between Quality of Life & Enjoyment. If a person can only afford Honda Civic & he wishes to buy BMW X5 then he is doing that for his own enjoyment & NOT quality of life. I call it Stupidity. Buying a house (Affordable) with calculated risks is totally different matter & I will explain why on my next topic.
Your Comment �where a GC seeker gets up at 5am in a nicely furnished home, and gets to work, is entirely his choosing for happiness with material things. He knowingly chooses to sacrifice his peace of mind for more material wealth� is purely your imagination except that I getup at 5:00 & go to work. I am almost done writing new topic �Why Non GC Holders buy houses?� & will be posting shortly. Watch out for that & may be you will find some answers.
No Joke, I agree with you on considering the risks associated with quality of life.
Saggi13, It�s sad to hear your side of story. However I did have a backup plan & reserves & I will be explaining my side of story in the above new topic. Don�t loose hope & you will be back in no time.
~ Slumdog
I also agree the quality of Life comes with a price. But not everything should be looked or compared monetarily. Back when I was kid, my Dad had a choice to send me to Govt School or Private school. Private school was expensive & he did pay price by sending me to private school, cutting most of his expenses because he wanted to give good quality of life for his kids. So for everything there is a Price to pay & what �price� means to you is again subjective. There is a lot of difference between Quality of Life & Enjoyment. If a person can only afford Honda Civic & he wishes to buy BMW X5 then he is doing that for his own enjoyment & NOT quality of life. I call it Stupidity. Buying a house (Affordable) with calculated risks is totally different matter & I will explain why on my next topic.
Your Comment �where a GC seeker gets up at 5am in a nicely furnished home, and gets to work, is entirely his choosing for happiness with material things. He knowingly chooses to sacrifice his peace of mind for more material wealth� is purely your imagination except that I getup at 5:00 & go to work. I am almost done writing new topic �Why Non GC Holders buy houses?� & will be posting shortly. Watch out for that & may be you will find some answers.
No Joke, I agree with you on considering the risks associated with quality of life.
Saggi13, It�s sad to hear your side of story. However I did have a backup plan & reserves & I will be explaining my side of story in the above new topic. Don�t loose hope & you will be back in no time.
~ Slumdog
more...
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akred
01-21 02:26 AM
Assuming everyone stays the course, under these timelines
1. At least 5% of applicants will be sponsored by their American children.
2. Another 5% will have their first million and move to the investor's category.
The timelines would be a maximum of 20 years or so, at which point people would be sponsored by their children.
1. At least 5% of applicants will be sponsored by their American children.
2. Another 5% will have their first million and move to the investor's category.
The timelines would be a maximum of 20 years or so, at which point people would be sponsored by their children.
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senthil1
09-18 10:23 PM
But their argument is this will add 500k gcs in one year whether it is a recapture or not. But it will not change any overall immigration numbers as most people will stay here by using AC21. Still their policy is anti immigration so they will oppose any immigration bill.Still one or 2 congressmen/Senator can block the bill by adding hundreds of amendments. So there will not be much time to pass.What you can do for this?
Does IV already have a propaganda group of their own to thwart such baseless silly accusations?
If not, this group ought to be formed; made up of people who are patient, have very good communication skills (both verbal and written) and be well aware of the current immigration process in the US.
I am afraid that the clueless media might see these lies on Dice (which is one the top job search sites), and assume that what is posted there is accurate. If they run with it as a story without doing proper investigation, it will get unnecessary negative publicity. It needs a proper counter argument, supported by the facts. eg: the legislation that limits the current EB level at 140K per year; and the legislation that does not allow spillover of the unused visas from one year to the next.
There are a lot of ignorant people around. Some knowledge transfer to them will help us all. (There will be some people who are not receptive to knowledge. No one can help them.)
Thanks
Does IV already have a propaganda group of their own to thwart such baseless silly accusations?
If not, this group ought to be formed; made up of people who are patient, have very good communication skills (both verbal and written) and be well aware of the current immigration process in the US.
I am afraid that the clueless media might see these lies on Dice (which is one the top job search sites), and assume that what is posted there is accurate. If they run with it as a story without doing proper investigation, it will get unnecessary negative publicity. It needs a proper counter argument, supported by the facts. eg: the legislation that limits the current EB level at 140K per year; and the legislation that does not allow spillover of the unused visas from one year to the next.
There are a lot of ignorant people around. Some knowledge transfer to them will help us all. (There will be some people who are not receptive to knowledge. No one can help them.)
Thanks
more...
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kedrex
07-18 08:03 PM
bump
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akhilmahajan
09-26 12:18 PM
Can you put URL for updated article?
http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
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a_yaja
04-06 09:32 PM
well if the employer is not supporting you ..then maybe the IO does have the authority to refuse ?? (well assuming that these cases are correct ..then I guess we can assume that IO has recd instructions from his superiors) it is good to hear from Pappu that IV is ready to take up this issue ...but till someone comes foward ..can IV focus on other issues like recapture, removal of country limits etc (there is no shortage of issues where focus is needed)
To be denied entry, the visitor has to go through secondary inspection. That is the process. The CBP officer at the primary inspection does not have the authority to send some one home. Look at this link from Syracuse University that details this process:
http://trac.syr.edu/immigration/reports/142/
Quotes from this page:
In a procedure known as Primary Inspections, the officers interview people appearing before them and check their documents. In addition, the documents are scanned into a computer to detect past immigration violations, criminal problems, and national security concerns. The entire process is very brief, averaging less than one minute per person to keep up with the crush of arriving travelers.
In Secondary, a new set of Inspectors have additional time and latitude to investigate whether a person's papers � and their reasons for coming to the U.S. � are legitimate and legal.
So whoever said that the CBP officer at the primary inspection called up employer and asked the employer if they cannot find US citizens is not telling the truth. Probably the guy started the rumor :D.
To be denied entry, the visitor has to go through secondary inspection. That is the process. The CBP officer at the primary inspection does not have the authority to send some one home. Look at this link from Syracuse University that details this process:
http://trac.syr.edu/immigration/reports/142/
Quotes from this page:
In a procedure known as Primary Inspections, the officers interview people appearing before them and check their documents. In addition, the documents are scanned into a computer to detect past immigration violations, criminal problems, and national security concerns. The entire process is very brief, averaging less than one minute per person to keep up with the crush of arriving travelers.
In Secondary, a new set of Inspectors have additional time and latitude to investigate whether a person's papers � and their reasons for coming to the U.S. � are legitimate and legal.
So whoever said that the CBP officer at the primary inspection called up employer and asked the employer if they cannot find US citizens is not telling the truth. Probably the guy started the rumor :D.
like_watching_paint_dry
05-27 05:22 PM
I-485 application instructions (http://www.uscis.gov/files/form/i-485instr.pdf) ask you to make photocopies of your passport.
abhishek101
12-26 04:06 PM
You have pretty much written my hit list. I could not have put it in better words.
Just to add I work for a bank and to open an account within bank I had to go through a long paper process, whereas any outsider (Citizen/GC) can get it in 5 min online.
But as a bank employee I do understand that while we at bank would love to open all accounts online (less cost and all) the US government has restrictions under Know your customer requirement, that prevents us from doing so. So while most of the business understand that they are losing business they are pretty much restricted by the laws of the land.
there are two ways out of it:
1. Support legislative action for getting GC faster, for that support IV.
2. Make the immigrant group a huge economic success that the business has incentive to provide it better services.
Just to add I work for a bank and to open an account within bank I had to go through a long paper process, whereas any outsider (Citizen/GC) can get it in 5 min online.
But as a bank employee I do understand that while we at bank would love to open all accounts online (less cost and all) the US government has restrictions under Know your customer requirement, that prevents us from doing so. So while most of the business understand that they are losing business they are pretty much restricted by the laws of the land.
there are two ways out of it:
1. Support legislative action for getting GC faster, for that support IV.
2. Make the immigrant group a huge economic success that the business has incentive to provide it better services.