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  • addsf345
    11-24 02:21 PM
    If you are beyond 6 years and I-485 denied then applicant is doomed weather you are in H1 or EAD. Only route is MTR. My attorney confirmed it.

    She suggest unless MTR get open. You should not even work to avoid the issues.

    So it does depend attorney to attorney. I don't think we have any case examples in either senarios. So bottom-line, do whatever you feel correct and make you happy. :)

    Personally, I think RG is seems more logical. If you use EAD your H1 becomes invalid. No one revokes but it happens. Similarly, H1 becomes invalid as underline petition get denied.


    Read on some other thread: Only reason why H1B doesn't get revoked immediately post 6 years is not having a full-proof integrated system, and such system may soon be here. I will post any link if I find this again.




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  • desi3933
    07-06 12:20 PM
    Look at the mistake again

    http://travel.state.gov/visa/frvi/bulletin/bulletin_3266.html

    Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available.

    IS THIS A MISTAKE OR REAL

    It is NOT a mistake. Please read it again.

    All numbers available to these categories under the FY-2007 annual numerical limitation have been made available
    simple means that
    all visa number (for FY-2007) are used up. They were made available to USCIS by DoS.


    ___________________
    Not a legal advice.




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  • mpadapa
    06-11 12:04 PM
    This retrogression and slow forward movement was a problem in the making. Last summer IV core had warned about this issue. The writing on this issue was on the wall, now we have numbers to prove it. Last year (2008) we ducked the issue because EB folks got lucky since almost 23K visa wasted by FB folks in 2007 was counted as part of EB limit in 2008. This year no such luck, we are stuck with our usual quota's. Refresh your memory with an old thread from last summer. (http://immigrationvoice.org/forum/showthread.php?t=19042)

    Folks don't narrow this issue to an Indian/chinese issue. All EB3 folks and EB2 (reto countries) are affected by the retrogression. When the system is broken blame the system and not the individual department. Looks like members like to take a dig at USCIS for every problem in the system. Go talk to your lawmakers if you have issues with the system, they are the one who drafted the limits. Your labor was delayed not because of USCIS but by DOL. Yes USCIS is not a perfect org but they do their best. USCIS wasn't equipped to handle millions of EAD/AP every year aren't they issuing they issuing it within reasonable time. Give some respect to the org and just don't use it as a punch bag for all your problems. If you have issues with wastage of visa's go ask the lawmakers who introduced the 245i provision in 2000. They showed the EB folks with ~130K recapture and flooded the system with 245i applicants and caused ~130K visa numbers wasted between 2000-present. What was the net gain? We should collective organize and do active lobbying with IV, otherwise we will be taken for another ride in CIR.




    Source:
    http://www.immigration-information.com/forums/general-immigration-questions/8261-visa-number-update-from-the-department-of-state.html

    ........




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  • Mouns
    04-30 03:37 PM
    And the situation prior to surge wasnt any better either. I remember in 2006, the PD for India EB3 was April 2001 and now its Nov 2001. :mad:

    This was directed to people who were current. If you are from India, China, Mexico, Philippines, get used to waiting. Your backlog is due to numerical limits. And this won't change (the way I see it)



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  • mirage
    08-17 01:20 PM
    Guys please send out these letters, It needs 20 minutes of your time & about $2 stamps. But it can really save us lot of time and anxiety, as, if it goes well with Rep. Zoe Lofgren or Senator Cornyn they can mandate USCIS to publish these statistics. Rep. Logfren has done this in the past(mandating USCIS & DOS) she may do it for us....

    -----

    To,

    Charles Oppenheim / Visa Section
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520

    From,

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

    Dear Sir/Madam,


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


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

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

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

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



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


    God Bless America!

    Thank you for you attention,


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

    Copy Sent to

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


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

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

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

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




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  • himu73
    09-09 11:44 AM
    Good analysis. How long did you take to put this together this comparison?

    Sorry wrong post



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  • mohanty99
    07-18 10:56 PM
    This seems very unfair to people who had earlier PDs (2004 & 2005) and who have waited so many years to file. Now, people with PDs in 2007 will jump ahead of them in the queue just because of this fiasco, juts because they filed earlier. :confused:




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  • transpass
    09-10 11:13 AM
    EB2 with US masters here
    PD 2004
    case is straight a heterosexual & white as the alaskan snow
    -- not approved yet.

    Me too....PD 2005, case is straight, US degree...I am also white, but it's just that I drink too much coffee and look brown...:D:D:D



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  • RNGC
    06-24 03:04 PM
    Thanks...

    Here is an article on contribution of Legal Immigrants to Social Security:

    http://www.nfap.net/researchactivities/studies/SocialSecurityStudy2005.pdf


    RNGC, excellent thread, looks like pessimistic folks have taking this thread for a ride.

    America stands to loose in many ways. Here is why..

    A study by Kauffman Foundation shows that "an average 13.25-year lag between a key founder�s arrival in the United States and firm formation" - source : http://papers.ssrn.com/sol3/papers.cfm?abstract_id=991327#PaperDownload
    Loosing well trained individuals due to frustration with the immigration system or due to expired visa duration is equivalent to outsourcing. impact of outsourcing to the US economy is very well debated these days.

    Another Kauffman report shows Immigrants were involved in 25% of the US patents approved in 2006 - Source : http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1008366#PaperDownload
    This leads to reverse-brain drain phenomena who's effects to the economy are well documented.

    Here is couple of NFAP study about

    The impact of immigrant Entrepreneurs and professionals on the US competitiveness:
    http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf

    Driving Jobs and innovation offshore:
    http://www.nfap.com/pdf/071206study.pdf

    Stalling the career path through GC backlogs will impede the creativity of the individuals and hence dampen their entrepreneurial spirit. It also kills the innovative spirits in the individuals.

    Those who feel that "grass is greener on the other side" will jump to the other side irrespective of their GC backlog issues, their criteria is different. But there are many who believes that the American system cultivates innovation and entrepreneurial skills, for them the GC backlog is a drag on their growth.

    EB1/2/3 is not a delimiter to innovation, innovation happens at all levels. All EB1's aren't PhD's, there are quite a few PhD's in EB2 and similarly there are quite a few MS folks in EB3 too. By saying US just wants EB1 is utter disrespect to fellow professionals who are not on EB1.




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  • santb1975
    06-10 12:16 AM
    Reflects my thoughts

    �I am not judged by the number of times I fail, but by the number of times I succeed: and the number of times I succeed is in direct proportion to the number of times I fail and keep trying.�

    For those who believe in this, please contribute to the cause...



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  • xela
    07-27 11:31 PM
    for what it s worth here is my experience with ohio bmv

    i brought h1b approval till feb st 2010 and receipt notice for I 485 and employer letter till feb 1st 2010. I dont have ead or ap.

    they told me that cus of i485 i can only get dl for 1 year, however with the employment letter they did give it to me till feb 1st 2010




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

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

    ItIsNotFunny, thanks for reminder.



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  • mpadapa
    09-29 07:07 AM
    Looks like USCIS did all the easy work in June and now they are getting to grip with the reality (that they cannot process even 140K GC in a year!!!). How shameful. May be all the USCIS folks worked so hard during the last few weeks in June that they would have taken a long break from work after June:D:D

    If there is a official press release regarding the visa number wastage, then we can take that along with the July 2 visa bulletin and meet with lawmakers to get some accountability from USCIS. This is BS.



    Oh Law Firm Update :
    09/28/2007: Depressing News for the Year-End Backend 485 Delays and Potential Waste of Visa Numbers for FY 2007

    Unconfirmed sources indicate that two days before the end of FY 2007, there may be a substantial number of 485 applications for which visa numbers are available but have yet to be adjudicated, indicating that some visa numbers could be wasted this year. We know that the Service Centers have been working day and night and did not have enough resources to deal with the crisis which was brought about by the recent Visa Bulletin fiasco. We just hope for the better new fiscal year that will start from October 1, 2007.




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  • Green.Tech
    05-28 08:32 PM
    Keep 'em coming!



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  • inskrish
    09-28 09:32 PM
    More than willing as well...lol! You know what to do, ei and don't give me RFE.....you can interview me but soon after give me GC....


    LOL. :) If I am a volunteer as an IO, I would get the names of all IV members, write a small script to approve their GCs, make sure the cards are delivered to the members, and immediately resign my job. :D

    Regards,
    IK




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  • vandanaverdia
    09-12 02:00 PM
    Thank you rangaswamy. We need more members to come forward & be first time contributors!!
    We have lots to achieve & very few days left...
    Support IV....
    Help IV help you!!!



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  • shareef142
    08-02 05:40 PM
    Hello gurus,

    I applied 485 on July 25th,2007. Now can i travel outside of USA, or have to wait until i receive the receipt? Please help as soon as you can.




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  • pappu
    02-01 11:59 PM
    could someone take the initiative of organizing conference calls.




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  • lonedesi
    08-08 09:05 AM
    Since we are trying to address I-140 delays in general at TSC and NSC, can we just send a general letter to Ombudsman's office without specifying our case and DHS Form 7001 ?

    This way it will turn out to be a letter campaign.

    What do you think ?

    My understanding is if you send a general letter, you will get a general response (standard template) from the Ombudsman's office. For that matter, you don't even have to send the general letter, because I will provide you with the response you can expect to receive from Ombudsman's office without the DHS Form 7001.

    ----------------------------------------------------------------
    "
    Thank you for your recent correspondence to the Office of the
    Citizenship and Immigration Services Ombudsman (CIS Ombudsman). I
    appreciate your comments regarding I-140 processing at the Service
    Centers. We are well aware of the processing delays at all of the
    Service Centers. Currently the TSC is processing I-140 applications
    received in July 2007. USCIS has taken steps to address the processing
    delays, but their efforts have not come about swiftly. We are
    continuing to review and address this issue.

    Under the authority of the Homeland Security Act of 2002, the CIS
    Ombudsman assists individuals and employers who experience specific
    problems during the USCIS benefits seeking process, largely to identify
    problems and to formulate recommendations to improve the USCIS service.
    Please see our website for more information about the CIS Ombudsman
    (www.dhs.gov/cisombudsman/).

    I believe that first hand information from individuals like you is the
    best source for identifying systemic problems in the immigration
    benefits process. My office will consider the information you provided
    as we develop recommendations to improve USCIS' practices and
    procedures.



    Once again, thank you for taking the time to contact my office, and for
    giving me the opportunity to serve you. I look forward to the day when I
    can report that the work of this office has been accomplished because
    our vision of a world-class immigration benefits system has been
    achieved. Your contribution takes us a step closer to reaching this
    goal.

    Office of the Ombudsman

    -------------------------------------------------------

    Please don't get me wrong. All I am trying to emphasize is the DHS Form 7001 is absolutely necessary if you want them to investigate the problem and see for themselves if what we are complaining about is indeed true. You stand a chance that they may take steps to address this problem. If not, it is just waste of time and effort. There is nothing to fear by providing the case details to Ombudsman's office. There are people who have sued USCIS due to the delays and have won their cases....so why fear when all you are doing is requesting USCIS to process our cases in orderly manner.
    So please take the time to mail the letter & the completed DHS Form 7001 to the ombudsman's office.




    sam2006
    07-19 12:53 AM
    thank you :)


    Signed up mothly contribution from july.

    Atleast with the current visa bullettin change has eased the worry of a lot of people if not all. Also get the satisfaction that we are doing something to improve our situation.




    Libra
    09-11 12:15 PM
    thank you param_r, ritu_raj and kittu1991 for your contributions.



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