Wednesday 22 June 2011

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  • jsb
    08-03 04:27 PM
    What makes people think that USCIS has preadjudicated cases in the order of priority date. If they have preadjudicated cases from 2005,2006 and left the cases from 2003 -2004 then it is the same mess an d i can bet that knowing USCIS chance of this are very very high so even if your date gets current it is still luck whether you get GC ornot.
    EB2 - I
    PD: Jul 2004

    While everything appears at USCIS to work randomly, but there is some order. They claim, and also follow, that they process application in order they receive. "Process" means to open a case the first time, and order they "receive" means when a center enters a case data in the system (this date is close to ND). Until this point, PD has no role to play. Described processes work well for non-retrogressed cases (for countries other than India, China, etc.). If a case is opened, and its all in order to clear except the visa availability, it is called preadjudication. Procedures described (see link below, although they may have changed since), state that once case is preadjudicated, they should be ordered in PD sequence for further work.

    http://www.ilw.com/seminars/august2002_citation2b.pdf

    Of course, if there is nothing preadjudicated, cases will go in sequence of "received date", which is close to ND, as PD is not even recorded in the system anywhere until a case file is opened.





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  • GCBy3000
    07-19 03:54 PM
    http://www.immigration-law.com/Temporary%20File.html

    File for 485 and maintain your H1 is his take. Dont use EAD and be on h1.





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  • belmontboy
    03-15 11:40 PM
    By the way is it you who gave red...:mad:

    No. I don't have any reason to give you red for this post.





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  • n_2006
    03-27 03:36 PM
    We didn't hear back from you. Please let us know the information you got from USCIS. Here lot of people waiting for your post (Prabably GOODNEWS from you).

    I read many places that you can attach case approval status if you have receipt number. USCIS will verify the beneficiary and will port priority date. Has anybody verified with attorney?



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  • h1techSlave
    06-10 08:39 PM
    When law abiding persons are prevented from gun ownership; crime goes up. Because whether it is legal or not, criminals always have guns.

    Actually very true. I for one have held off on buying a gun (though my wife highly disapproves of guns) simply because I dont have a GC and dont want any hassles. Besides I live in Chicago which has a ban on guns. Ironic that the maximum killings and drive by shootings happen maybe 30-40 blocks from where I live but the city doesnt allow legal law-abiding residents to own guns.





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  • chanduv23
    10-09 04:58 PM
    ^^^^^^^^^^^^^^^^^^^



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  • somegchuh
    10-30 01:19 PM
    dish,

    Like I said earlier I pretty much feel the same way as you do. I want my spouse to be able to work for a couple of years before I think of moving back to India. But in reality having waited so many years do you think either you or myself will move back 2 years after getting the GC? Don't you think you will be tempted to wait 3 more years get the US citizenship and then move back? I have a few friends who are pretty much just waiting to get citizenship to move back. their argument is that we waited several years to get a GC and we don't want to just throw it away.

    As for making H1B more humane I think it will never happen.

    Most H1B holders get very good offers when they move back to their home countris after say 10 years. But the H4 spouse who spent al these years rotting in the USA again have to continue rotting....Their prospects are dim. So I want to get my GC. Let my spouse work here for couple of years and move back to my Own country.

    So why not H1b made more HUMANE ?;) ;) ;)





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  • sunnyg
    07-16 10:17 AM
    Mean while, I have requested 4 of my colleagues to Email Ohio senators and representatives... I will try to fax too...



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  • vishaal
    05-11 12:41 PM
    The IV wikki does not address this point.





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  • amitjoey
    09-26 11:48 AM
    Idea of sending cds, chips, to congress has been discussed last year.

    I am of the opinion that we should send helmets. (kids bike helmets).

    Check this thread:
    http://immigrationvoice.org/forum/showthread.php?t=1265&highlight=helmet

    I suggest we initiate a campaign called "PROTECT THE BRAIN". That is protect the talent and knowledge of immigrants,
    and facilitate Permanent residency for legal talented immigrants.

    I agree that we should send lawmakers something big, bulky, and noticeable.
    Something that sits in their offices, is personalised with different colors and notes giving the same message. I feel that books or cds can just be unattractive and not a big topic of discussion amongst the staff. (Ultimately it has to be something unusual to create curiosity and attract attention and discussion)
    So we send them helmets with our degree certificates/ message from IV pasted on it.
    Helmets will say "protect brains". Save the country from losing legal high tech workers.

    http://www.bhsi.org/cheapies.htm

    If you need helmets for a campaign, or perhaps just for a large family, we routinely see Sunday newspaper ads in our area for helmets certified to the CPSC standard for between $10 and $20. Toys 'R' Us has them every day for $8 to $25, and Target has them in the same range, starting at $7.14 and as low as $6.39 to $5.79 when on sale. Walmart has Bell brand youth, adult and toddler helmets starting at $7.14

    Some local bike shops will shave their prices for a campaign to encourage more walk-in business. So you may find good helmets for your program at a local discounter or bike shop.
    There are also good deals from mail order suppliers with ads in bicycle magazines or on the Internet. Since the CPSC standard became law in 1999, any helmets you buy should have the sticker inside certifying to it.

    If you are seeking bids for a large order, or do not have local sources of cheap helmets, there are alternatives:

    These helmets can be recycled and given away to charity or for lower income programs supporting kids.



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  • waitnwatch
    04-27 11:26 PM
    Isn't this site giving the article on IV more exposure!!!!!





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  • singhsa3
    08-13 06:54 PM
    Fact Sheet: Who's Looking Out for You?

    Green Card Visa Numbers Situation
    • The GC process involves Labor Certification (2-3 months) + I-140 (0-12 Months) + Wait for priority dates to become current (several years) + security checks (1 month to 2 years) + I-485 processing once priority dates become current (18 months to 3 years).
    • Yearly green cards quota for employment based applicants is 140,000. This includes visas for spouses and children. So on an average; it is given to ~ 60,000 families.
    • Country visas limit is 7%, with almost equal distribution for EB-1, EB-2 and EB-3 plus any unused visas from other countries. Generally speaking, for countries like India, approximately 7000 visas (~3000 families) were being issued every year in each of these categories.
    • It is estimated that approximately 500K+ (yes 500K) I-485 applications under skilled worker category were filed between July 2nd and August 17th 2007. Most of these applications were from people of India and China.
    • If you were unmarried at the time of filing, you will need to continue on current status (e.g. H-1B) otherwise you cannot bring your spouse.
    • Employment Based Immigration reforms do not find enough support on the senate floors (Failure of SKIL, STEM etc Bills). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting on the bills.
    • USCIS is a self-funded organization i.e. it is run on fees it receives and is short on resources.

    What do these jargons mean?
    • Priority dates (PD) will remain retrogressed for several years.
    • Those who could not file their I-485 now will now have to waitttttt…..
    • Due to resource constraints, security checks may take years.
    • Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
    • Endless cycle of EAD renewals and Advance paroles.
    • If working on EAD and for any reason, if any of your EAD gets rejected, you will need to stop working, In other words, need to leave your job.
    • You need to be in the same position with same job responsibilities for an indefinite time period otherwise you Green Card application will be rejected.
    • EADs are valid for one year and several employers (and rightly so) view it as a temporary permit and hence reluctant to hire you.
    • Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
    • So virtually you have three options: a) Struggle for several years b) Leave the USA c) Join us.



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  • Immi_Chant
    08-04 03:36 AM
    Dude I think you are thinking too much of it. USCIS is an organization that goes by a process. If they have a pending application, they have to process it. they decided in the summer of 2007 that they will hire additional contractors and process all the pending applications so that they reach their goal of 4 months processing times of 485.

    Why will they waste their resources on your $325 dollars again dude? Is the amount that high that they will reopen the case at the time of finally alloting a visa number, and spend the money/resources on reviewing the case again?

    Whatever be the PD, USCIS is all set for a month processing time of 485 by Sept 2009. All cases filed before Jun of this year should have been either pre-adjudicated or denied by that date.

    I don't want to drastically oppose anybody's view or perceptions... But still I don't think that USCIS is an organization which goes with all the so called process models and they will stick with processing of the cases with priority basis - Yes, including all their country, category, etc quota fandas...

    Otherwise we would not have seen people who are all with 2006 PD getting approvals where those who have better priority dates (with out tied up with any name check or other hassles) in the same cateogory and country are still waiting... Who knows whether they have some other agenda by getting 1000's of $325 from each applicant upfront, even they very well know that they would not able to do anything for those people in the near future? So why do they worry to take a few contractors for the time being and say bye bye after some time to them. By those uneducated contractors we have suffered a lot of back and forth mailing of the applications during 2007 July, there by making good business for Fedex and USPS. Anyways by that most of us got EAD... Thanks to such an act by the so called organization run by process model :D

    Needless to say the small efforts as preadjudication or so will hopefully shed some light for our endless wait. I appreciate it... Better late than never. Atleast if they stop kicking the processing dates back and forth, just what we have seen in the last couple of months and offcourse in the past also, I would say "God Bless USCIS" for not making us fools again and agian.

    my 2 cents...

    -Immi_Chant





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  • gc_on_demand
    06-12 12:08 PM
    To me here is KEY.

    Either Country cap or recapture will end current backlog for India and China.

    If both are pass then no more future backlog for india and china given that H1b limit stays 65k and strick rule for l1a / b

    if none passes then no more chances for Eb2 with PD later 2007 and Eb3 with PD later 2004.



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  • sanju
    02-23 01:38 PM
    Cool down, Sanju. I am a little surprised to read your flaming post, which buddyinfo didn't deserve. He/she didn't allude to anything that you are talking about. Usually, you write sensible posts. I will leave it at that.

    Green Tech, There is a history of posts with buddyinfo alias buddyinusa alias buddyinuk etc etc. This guy has a background of sounding like someone from India, and attacking specific community, pitching one against the other, which it typical terrorist mid-set. The other day he pretended like someone from north India and attacked people from AP. He was also supportive and sympathic towards terrorist who attacked Mumbai on 11/26. Based on that history, I read between the lines whenever he post, and I see it in that light. Others in that category are sab and gcisadawg. I hope it explains where I am coming from.


    .





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  • sbabunle
    03-28 09:00 AM
    Ladies & Gentlemen
    I can understand the emotion and commotion among my fellow beings who are stuck with BECs. I waited agonizing 5 years to get my labor cleared. We all clearly understand what are you guys going through.

    But the thing is that Labor Certification issues are taken care with PERM implementation. Also the administration set up 2 BECs to take care of them back logs. Now the issue is purely administrative and not law making. Also BECs made it clear that by Oct 2007 all the back logs will be cleared.

    Right now big things are happening in the immigration law making. So I think we should concentrate to get the best out of it and achieve our goals on the Green Card Visa issues. As Tom Tancredo is going to fight with teeth and nail against Immi Bills, we have to do the same.

    There are many others issues we can lobby for such as

    1) Starting H1B stamping inside the US again( Which was stopped in 2005)
    2) Allow H1B spouses to work. etc etc


    But I believe our priority for the time being should be Retrogression. I request all of you to use this thread for finding a person to testify.

    thanks
    babu.



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  • pune_guy
    09-19 07:26 PM
    Hi,

    I have a question about leave of absense. Does it mean that you are still employed with them if you apply for LOA? If yes then you cannot work for another employer at the same time, not on H1B atleast.

    I would like the gurus to share their opinion of the following option:

    Join the new job and start working there. If there is an RFE in future then you can go to your old employer and ask for a offer letter (with the promise that you may or may not joined them) and also one from your current (old) employer. If the adjucating officer says that the letter from the current employer does not qualify under the same/similar category then you can show him the letter from the old employer offering you a job. This will satisfy the requirements of having a job offer at the time of adjudication. Though in this case you will have to join your old employer.

    Gurus: Is this possible? Or are there kinks in this theory?





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  • anu_t
    06-18 11:52 AM
    One does NOT need EAD to use AC21. I don't understand the panic.

    Yeap. I am also thinking on the same line. Why this panic?I am really confused.:confused:





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  • seeking_GC
    03-27 05:15 PM
    Hi Guys,
    I think while choosing a candidate for representing before Congress, we need to also ensure that the person is articulate, eloquent and able to put our point effectively across to the other side.

    Being from the tech field myself, I encounter a lot of highly intelligent people who do not seem to have adequate communication skills which is a huge drawback.

    So, just a note to the moderators, when we do select a candidate, please ensure that either they are given adequate training in public speaking (for example ) or they are paired with a person armed with those skills. Not all of us posess the finesse and suave necessary to impress such an audience and it is imperative that we acknowledge the fact that the person we choose purely on merit might need some assistance while conveying his/her points across.

    My 2 cents..





    gg_ny
    04-03 02:32 PM
    Hi Ragz4u,

    This is THE time to stop answering negative mails,and convincing chronic doubters. It definitely distracts. Maybe until the bills gets to voting on the Senate floor, we should all unilaterally stop spilling out our doubts and apprehensions on to the forum. Any serious chronic and obsessive doubters should write a PM to Ragz4u or any other internal contacts.

    Now, coming to more useful part: Many of the universities and research institutions employ chinese and Indian postdocs and researchers on H1. Many of them sponsor GCs via EB2 and rarely EB1. Although many members here in the forum are under EB3 (isn't it?), the retrogression affects both EB2 AND EB3. The catch is, these institutions come under (many of them if not most) a category called non-profit, no cap etc. Looks like they cannot, as institutions, lobby against retrogression. I personally tried to do this in my institution but I was turned away; also my institution is very small unlike for example: University of California schools, or University of Texas schools. In all these institutions, the affected researchers work for individual Nobel laureates, accomplished professors (both chinese and Indian origin AND native born Americans) who can support the efforts. That requires a nodal point for information exchange. One side, IV can do this and on the other end, there are somethings called: postdoctoral fellow associations in many universities.
    They are cataloged at: http://www.nationalpostdoc.org/
    It will make more sense for an organization like IV trying to convince NPA to raise this issue than individuals like me. I have been in science for 14 years and I say from my experience.

    There are two renowned science journals that talk about career issues.

    The journal Science www.sciencemag.org has a portal called NextWave that deals with career issues of scientists. They frequently write about many visa issues but they need to be dealing with a resource to write about retrogression etc.

    http://sciencecareers.sciencemag.org/

    Another equally good portal belongs to Nature journal:
    http://www.nature.com/naturejobs/magazine/index.html

    Eveybody talks about retaining best talents back in US but there is no support heard from academic communites on this. So instead of answering
    chronic doubters, IV should try to reach out to these organizations.





    go_guy123
    07-02 10:27 AM
    another angle is that if the law itself violates the constitution - there is a separate procedure to appeal against such a law (like may suits going on in state courts on laws related to gay rights) - however USCIS would not be party to such a lawsuit since USCIS does not make laws. one would need not only a good immigration lawyer but also a constitutional expert for a venture like this.


    Yes true. This is the only angle that is viable in theory. All that can be done is challenge that the per country quota violates the constitution. Then the judge can strike that clause off.

    Besides this it needs a law change.



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