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  • mirage
    02-04 10:50 AM
    For people who don't know, Country Cap goes by Country of Birth , not country of citizenship...So if you are born in India but now you are canadian Citizen, you will still be counted as Indian for EB based Green Card allocation, isn't this a blatent racist agenda. I have a letter from Congresswoman Zoe Logfren's office, which clearly says 'I will work on removing arbitrary country quota on employement based Green Cards', we just need to pursue her...





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  • newbee7
    07-05 12:58 AM
    "Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS’ data. Through these discussions, the Ombudsman learned that accounting and processing methods differ at the Nebraska and Texas Service Centers (where USCIS processes employment-based petitions)."

    http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf





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  • veni001
    03-11 10:38 PM
    No change for EB2..... India
    EB3 moved about three months

    Category India Most Other Countries
    F1 8 July 2004 8 July 2004
    FX 1 Jan 2005 1 Jan 2005
    F2A 1 June 2006 1 June 2006
    F2B 1 March 2002 1 March 2002
    F3 22 May 2001 22 May 2001
    F4 1 March 2000 1 March 2000
    E1 Current Current
    E2 1 February 2005 Current
    E3 8 September 2001 1 February 2003
    EW 1 June 2001 1 June 2001
    E4 Current Current
    E4-Religious Current Current

    Source
    Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)





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  • vin13
    03-18 04:37 PM
    If you are in need of air miles or would like to donate air miles, please PM me with your name and phone number.

    I will not be able to coordinate if you do not provide me with your phone number.



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  • nitlsu
    06-12 08:45 AM
    Done for me and spouse. We also had ~20 other people in my neighborhood including citizens/GC send this.





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  • swamy
    08-21 11:35 AM
    I received my RFE today and I am totally shocked and in a state of panic because they are asking for a lot of things to be submitted in 30 days and there is absolutely no way at this point that I can get $1000 together for the I-485 Supplement A form, PLUS the money to see a civil surgeon for a medical exam. Those are the two most important forms they are requesting but there are still 3 more forms aside from that. I am also required to show evidence of valid entry which I don't understand. When I came here, I was engaged to be married. I had only my birth certificate and driver's license when I went through customs in 2003. I was not required to have a passport so I have nothing at this point to show them. How do I deal with this to show I did not enter the country illegally? I did not marry my fiance in the end, but I did acquire employment with his relatives and I am still with them. I take care of a disabled person in the home and there is no way they will accept another person at this time. Not after 6 years. This is like family to me now and I can't just expect someone to take my place and do what I do. It doesn't work that way. We already went through the process of offering this position to someone else who was born and raised here and nobody wanted the job. We had one phone call over a 3 week period and nothing came of it. I do not receive monetary wages, I get room and board, therefore I do not have the money I need to submit this supplement A form and the people I live with are not able to just toss out that kind of money either. They also want me to submit evidence that I have maintained non-immigrant status - what the heck is that? I have filed every application that they have requested until now - nothing was ever said about this non-immigrant status stuff. I am confused and totally at a loss.
    I am outraged that after not hearing ONE thing from them in over 2 years, that all of a sudden I am supposed to come up with all this stuff, hand over money I don't have and still not be assured my green card.

    I was never aware that I had to submit an I-485 Supplement A form - why? Why has no one told me about this before now? I never saw one thing on the I-485 form that I filled out that a supplement was needed. I was not told I had to see a civil surgeon to submit a medical exam and any CS available is 4 hours away in any direction after checking out the list on the USCIS website. The household I live in is not able to just up and go whenever USCIS demands it and they are making our lives very difficult right now.
    How do I handle this?
    They say I have 33 days to get this cleared up and without employment for wages, this is impossible. Any previous forms I submitted were ones I was prepared for and I had help from a friend at the time, but that was over 2 years ago and I cannot expect other people to just hand over money now, especially $1000.
    I am not leaving this household - there is no way I can abandon the person I live with and entrust them to someone else and there is no way this person would ever stand for that.

    Is there anything that can be done to either get an extension or get around the I-485 supplement A? I am not as concerned about the civil surgeon exam, but I don't have a clue how much that will cost and again, I don't know how I will get the money to do that either.
    I am really ticked with USCIS and their utter lack of correspondence and then expecting me to bleed money from a stone for them. They are not in any hurry to process my application so why do I need to be? I've been here this long, what's another few years?
    Has anyone else dealt with this or can you direct me to someone who knows what needs to be done and how?

    sorry to hear your plight & the reactyion which is a very normal & human one. but uscis deals only with aliens so dont expect them to be humane or have any sense of decency or compassion (or efficiency!)- get a lawyer who can work pro bono and i'm sure they can handle the paperwork for waiving fees etc along with dealing with the nuts at uscis. dont expect sympathy from this forum - these ppl are used to uscis abuses so much (sortof battered wife syndrome) that they've forgotton what the reacion would be when normal human beings go up againts uscis..



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  • genius
    11-21 08:51 PM
    Guy..i am just too tired of waiting ...but will still keep working towards it...
    i wanted some suggestions...my laywer screwed up my H1B by putting up a wrong start date due to which my application was returned by USCIS and I cud not make it FY 2007.I am currently on my OPT which expires in May 2007.I was wondering whether there was a way other than coming back on F1.

    Thanks in advance.!!





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  • pkv
    03-17 04:36 PM
    Hi,
    We filed I-485 july last year, but didn't file for EAD.

    Now I want to file EAD for me and my wife, she is on H4 right now.

    The main posting talks about filing everything together.
    Anyone know which all forms I need to send when applying only for EAD? do we need send any other form than I-765?

    I filed in nebraska, but case is with texas service center now. Where should I mail my forms? Texas or Nebraska?


    Thanks,



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  • Administrator2
    04-20 05:33 PM
    I have already called seven members who have been active lately. I don't have other phone numbers. If you still need people to call. Let me know. You can PM me

    Thank you gsc999. I will be emailing you contact information of more members.





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  • vamsi_poondla
    09-26 02:40 PM
    Check it out

    Dear Reader,

    Thank you for your interest in FSB. We admit that there was a
    mischaracterization of the Capitol Hill rally in the story and it was
    corrected as soon we realized the error.

    We have changed the story to correctly identify the mission as a protest of
    the long delays in securing green cards for highly-skilled workers already
    in the U.S.

    We will work to avoid errors like this in the future.

    Best regards,

    FSB



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  • mirage
    02-06 10:38 PM
    ^^Bump^^





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  • joydiptac
    02-13 06:37 PM
    Ethnic cleansing or not. I somehow knew this was coming. It was obvious, people not getting GCs for so many years. Disaster waiting to happen - count down till the next downturn.

    People from Britain and Germany if you are not affected please do not comment. We are smart people we know what is happening no need to rationalize. I would like to see your reaction if you were asked to move back to your country after building a life here for almost a decade.



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  • yabadaba
    07-24 02:15 PM
    jc menon...have u ever taken a law class? do u have a jd? why are u then so adamant on thinking u "found" the loophole?

    we are not stupid morons over here. Neither is the AILA/millions of lawyers that are associated with immigration law. Please for heaven sake dont start now about some conspiracy theory about immigration lawyers having a preference for backlog.

    there is no loophole, there is no precedent and by emailing the director with a moronic question will only show that probably that we have morons stuck in retrogression and probably we deserve to be stuck.





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  • sammas
    07-12 03:57 PM
    E. APPLICABILITY OF INA SECTION 202(a)(5)(A)AS IT RELATES TO THE ALLOCATION OF �OTHERWISE UNUSED� NUMBERS

    INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.

    For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.



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  • mlvats
    06-10 06:22 PM
    My wife is working with a company "A" in India and have filed for H1 through a company "B" in USA.
    Currently she does not have any VISA.


    Can her current company "A" apply for L1 and she can come to USA on L1?
    And suppose she can come to US on L1 through company "A", What happens if her H1 gets approved through Company "B", Can she still continue
    working for Comapny "A".?


    Thanks in Advance.
    -Moti





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  • immigrationsri
    06-26 06:25 PM
    Hi,
    I am on H1B visa for the past 2.5 years and my current visa expires on 30th Sept 2010. When i approached my company for visa extension, i was told that based on management decision they are changing my visa from H1 to L1. I have a question on this one. If i proceed with this process and in the mean time i get a job offer from different company in US that is ready for H1 transfer and extension, Is it valid? Can i continue to work on my H1 for remaining years? If this is not a valid case and i need to continue with L1 only (with current employer), Will my number of years to work in US be reduced?

    Please treat these questions as urgent ones and kindly reply.

    Thanks in Advance.

    Regards,
    Sri



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  • nitinboston
    04-09 04:19 PM
    Dear Mrs. Hillary Clinton
    Heartfelt thanks for making such an effort to answer consumer grievances. My Admiration for this administration and their efforts to improve communication is growing exponentially every day. God Bless you and God Bless America.
    We are wringing these questions in effort to understand the VISA allocation processes followed by DOS. Also how it affects effectively petitioners live to plan their future, travel, Buying house etc...
    1.0) Is IVACS primary application for tracking VISA requests from USCIS, Consular posts?
    Rationale: Any Software/Application used by DOS should be single source for data entry of all the new application.
    1.1) Does IVACS system (DOS�s Inventory system) connects electronically to USCIS system, Consular posts or NVC or any other agencies for VISA demand requests?
    Rationale: Any Software/Application used by DOS need talk to Client System (USCIS, Consular posts, NVC or other agencies) every month system for effectively moving VISA bulletin every month.

    1.2) In Absence of Interface � Does IVACS system receive VISA demand sent manually through flat file or spreadsheet?
    Rationale: In absence of electronic interface DOS need to manually receive data for effectively predicting VISA bulletin every month.
    2.0) How many Employment-based I485 VISA demands are pending at USCIS, NVC, Consular posts?
    Rationale: We are trying to get Employment based pending applications.
    3.0) IS this last Pending EmploymentDemandUsedForCutOffDates.pdf on 4/8/2010 - http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf includes all the Employment based I485 VISA demand?

    Rationale: We are trying to confirm data received are all inclusive.

    4.0) Can DOS Enhance/publish table for �total number of VISA available�� as on report preparation date, rather than total Fiscal availability. As per table showed below,
    Rationale: This will help applicants to estimate date of approval and plan for buying house, make major move etc.

    Preference China Demand India Demand Maxico Philippines ROW Worldwide limit
    Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal
    E1
    E2
    E3
    E4
    E5


    5.0) Can DOS generate monthly VISA returns report from USCIS, NVC, Consular posts or any other agencies that demands Employment VISA?
    Rationale: This will help us understand how much visa were available for reallocation.

    6.0) INA section Sec 201 (2) mentions usages of visa per �Calendar Quarter� with maximum limit of 27% per quarter. As EB2 & EB3 categories are retro gassed Are Minimum 140k/4 Visa's consumed every quarter? If no which section of INA being applied to not to do so?
    Rationale: To understand DOS�s interpretation and application of the law.
    7.0) Where we can find DOS published monthly EB/FB permanent residency VISA demand report with country of chargeability, Employment based category (for e.g. EB1, EB2, EB3, �), similar to report published by DOL.
    Rationale: This will help applicants to estimate date of approval and plan for buying house, make major move etc.

    8.0) What is rational of EB3-India Visa allocation only approximately 100 a month? We feel that before EB3-I become unavailable it should get 140*7%*28.6% = 2802/12 VISA�s every month. EB3-I VISA reductions from Inventory reports before their Priority Date is as follows,
    a) Between Inventory Published 03/12/10 & 01/30/10 = 100
    b) Between Inventory Published between 01/30/10 & 04/08/10 = 100
    Rationale: This will help EB3 applicants to estimate date of approval to plan their future for house Purchase or major move etc.

    9.0) How do you propose to reconcile the pending data reported by DOS and USCIS.
    We are Comparing data from two sources USCIS published pending inventory and DOS published monthly determination, And we have Found data Differences for following categories,
    USCIS Pending for EB3-China as on March 08, 2010 === 5,575
    DOS Pending for EB3-China as on March 01, 2010 === 8,900
    Rationale: Closing gap in case of data error.
    References:
    i. EmploymentDemandUsedForCutOffDates.pdf - http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
    ii. Operation of the Numerical Control Process - http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf

    Dude i must say, it must have taken a huge effort to come up with all this. But guess what, it wont make a dent. There are way too many Indians, Chinese and Mexicans in line and too few GC's to give out.





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  • newuser
    07-16 05:53 PM
    My blood pressure is going up after seeing these false propoganda.

    We need to do something about these bxxxxrds.

    This type of false propoganda makes my blood boil :mad:





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  • dvb123
    04-04 10:31 AM
    I think that there is little sympathy or need for the government to reform employment based immigration for IT people. I believe a lot of professors, researchers etc are stuck in EB2 category definately because very few people qualify for EB1. If IV collects a list of these people and then gets petitions from them I think there will be a good case to present to the Senators.





    va_labor2002
    07-24 08:47 AM
    To the core group/Senior Members,

    If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.

    Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.

    Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.

    Any thoughts ??

    I totally agree with you. USCIS can take a decision without any BILL from the congress. I already sent a letter to USCIS director. I think IV should contact USCIS director and ask help regarding retrogression. We ,5000 members, can send letters to USCIS director and WHitehouse. They will listen to us.

    Good luck..





    ArkBird
    04-06 07:25 PM
    Again, What was POE?

    Sure I will give the link..

    I know its not fake..because I have 3 people on our floor who came from a visit..who saw these kind of things happening right in front of them (and my friends were GCs so I guess they themselves were left alone).

    Now coming to point of posting their experiences themselves..especially in a situation where they were not allowed to enter US, I dont think they have any incentive left to post and seek help from fellow IV..once they are out they are out..

    Nothing can bring them back unless they file a new petition and go for stamping..

    I can imagine how much pain they might be going through, touchwood if I was to be one ofthem, I dont see myself posting my experience for 3 months or so..

    its a different case where someone is inside US and they face a problem, yeah..why not they post straight away, but this is a different territory..we can only expect them to post, its not going to happen or may be rare case.



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