Tuesday, June 14, 2011

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  • pranavgandhi
    08-14 03:00 PM
    Just a thought.

    I think USCIS might be busy with approving I485 cases of EB2-India/China. From October it might be on track. For most of cases, approving I140 immediately is not going to help applicant as he has to wait for I485 as per priority date.




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  • wa_Saiprasad
    07-18 01:02 PM
    So that puts on to 350$ and 50$ monthly. Common people lets us all donate to help urselfs.




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  • skv
    06-18 04:01 PM
    I don't think it's possible, or people will all file to Chicago. There is one thing you can do though, which is to write to Atlanta center and express your concerns. Probably also write to the higher officials to the Department of Labor. I believe the more people write to them, the more chances they will look at it seriously.

    I have wrote to the office of DOL secretary, Elaine Chao, to express my concern and that the deplay could mean seriously delay for us, who live and work in the country legally, pay taxes and fees, to file for green card application. I suggest you all to do this.


    I agree. Email and call below dol personnnel as well.

    Tom Coyne on 312.596.5435.
    E-mail : coyne.tom@dol.gov




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  • BostonGCVictim
    01-02 04:45 PM
    This is from a guy who left after years of waiting. I don't know him personally but his prose is very powerful.

    Read it here at http://tired-immigrant.blogspot.com/



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  • carbon
    08-15 02:04 PM
    America has always been a favorite destination for immigrants. In the past, labor jobs were abundant and there were enough immigrants to do those jobs. This mutual dependency contributed to the growth of the United States making it the fastest growing industrial nation in the world. Things have changed, labor immigrants have been replaced by high-tech and skilled immigrants, but two things have not changed. 1. America depends on immigrants to sustain growth and 2. Immigrants come to America to fulfill their dreams. This 300 year old interdependence is very important yet under appreciated by the lawmakers.

    Skilled workers of foreign nationality are well educated, creative and ambitious individuals. They act as a �steroid� for the nation. They charge the nation with prosperity and growth. Generally countries depend on their younger generation and hope that they will become highly productive and good citizens contributing to the growth of their nation in future, however only few countries are blessed with the strong stream of immigrants with highly desirable qualities to make progress today, not tomorrow. It seems America is highly blessed in that regard. But unfortunately the lawmakers don�t seem to recognize how fortunate their country. Following facts support my observation:

    1. World has entered information and biotech age. India and China has the biggest technological talent pool
    waiting to settle down in USA, yet the immigration quota for these countries is locked to extremely small
    and fixed number for decades due to half-century old laws. The laws does not take reality into account.
    2. In the days of online stock trading, visa processing is still done at extremely slow pace.
    3. The positive impact of immigrants has been taken for granted.
    4. Immigration is considered a charity rather than an important factor in country�s growth. The attitude is not right.

    If such ignorance continues in the United States following will happen:
    1. Innovation will slowdown. It has already begun.
    2. Technology companies will migrate to India and China.
    3. Large scale outsourcing will occur for technological and knowledge based jobs.
    4. Stock indexes will move south, as there won�t be many attractive places to invest money. High profits normally come from high growth companies and today�s high growth companies come from technology sector.
    5. Tax revenues will decrease, which will affect all government activities including defense and public education.
    6. The effects of illegal immigration will become severe as American�s will compete for low wage �blue collar� jobs as a result of outsourcing.
    7. Severe retrogression in immigration will not allow skilled workers to settle down or adapt to ever changing skills market. It will hinder the growth of each skilled worker due to lack of long-term planning, long-term investments and developments. These people will not be able to plant the trees that can reap the fruits for generations to come.
    8. The effect of not having skilled immigrants in the country will not be zero , but it will be negative and counter-productive as most skilled workers will go back to their home country and instead of contributing to the growth of America , they will compete.
    9. National moral level continues to decrease as more American citizens are going into jails than good foreign nationals coming in!

    All these effects will be slow in the beginning, but will be visible when it will cross the �tipping point�. A place from where there is no return.

    The solution:
    Remove the limit on immigration quota for technology professionals for 5 years to solve current retrogression crisis. There after update the quotas (increase or decrease) every year to keep delays constant at 1,2 and 3 years for EB1,EB2 and EB3 categories respectively.

    In my view, 5 million well educated and talented legal immigrants are always better for the country than 5 million illegal immigrants. Its better to rely on technology to improve American life style than on illegal immigrants to do cheap labor.




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  • ItIsNotFunny
    03-09 07:52 AM
    This is becoming like a person who buys lottery regularly. Then every time before the results are going to come out, starts dreaming and then gets disappointed as his number is not drawn.

    Stop dreaming! This is not a lottery. Please contribute to FOIA and lets find the real numbers.



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  • gc_wow
    03-05 11:10 AM
    My case did not recieve a LUD




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  • srisra
    05-07 12:42 PM
    i called 3 senators so far,

    they r not sharing the senators stand but they are saying we understand this and we will pass on your message.

    thay did not note anything. they did not ask name & other details also.

    am i doing correct or am i missing anything?



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  • vbkris77
    02-26 02:39 PM
    Here is how I came up with that analysis. Last year they made changes to give GC for those stuck in FBI name check if they passed 180 days. So most of the ROW got their GC last year. There were not many labors approved from 2008. So there is no demand from EB2 ROW this year. With the economy going down, not many would get EB1s either. I don't anticipate many EB5s either this year. So major chunk of EB visas will need to come to EB2I/C. Will CIS do that or not is a different story.




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  • JunRN
    08-20 09:36 PM
    While Illegal immigrants are simply using international drivers license, we, legal immigrants, are having difficulty getting to drive legally. This is simply ridiculous.



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  • priti8888
    07-19 12:45 AM
    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:


    dont worry, the above scenario would happen only if pd remaines current.This is highly unlikely. In the next few months PD would retrogress to for instance 2004 , then you'll get your GC first :) Cheer up buddy:)




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  • satyasaich
    08-14 06:55 PM
    """The Mexico F2A and Employment Third preference cut-off dates are �unavailable� for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September. """

    Let's understand it ! I'm sure you are aware about July 2007 Visa Bulletin fiasco. It made every category "C". Before that in June 2007 bulletin - they moved dates for EB3 & EB2 singnificantly. For EB3 India - it moved from May 2001 to Jun 2003 - People who filed their AOS are 'June' applicants and People who filed because of July 2007 bulletin are 'July/Aug' applicants

    DOS refering to these June applicants means having PD earlier than Jun 2003. I hope its clear to you.

    If one thinks with cool head, what you said makes sense. also if you remember when EB3 (I) was actually retrgoressed on Jan1/2005, the PD was jun/2002. Then it was retrogressed all the way back to 1999 or something. Later on, slowly it came up to March/2001 & stopped there for a while due to the so called 'Hump' (due to 245i cases, i think)
    AND slowly but steadily PD for EB-I crawled up to Nov/2001 until May2007.
    Suddenly in June'07, the PD was advanced to June/2003 and i know so many pending cases were cleared around july and august of 2007.
    So far what i've mentioned are all facts only.
    Now looking forward for fiscal year allocations starting from Oct'2008, i can say the PD for EB-I will begin atleast Jun'2002. May be even a better PD but i'm not sure. For sure there is a good chance of making progress to end of 2003 when it comes to Sep'2009. This is based on availability of only those visa numbers as mandated by law as of today.
    Any comments



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  • cheshirecat
    07-14 02:21 PM
    Done




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  • indianabacklog
    07-28 10:32 PM
    Age Out Issue for filing I-485: Gurus, please advise me on the age out issue of my son.
    (1) Dates & Calculations effecting filing I_485: Here are the dates and the calculations I did which result in effective age of �21 yrs + 1 month + 1 day� thus making it Age-out issue for filing for I-485 for my son.

    (A) Priority date : Nov, 2005
    (B) I-140 receipt : 2/22/2006 I-140 approval : 3/22/2006
    (C) I-140 pending period : One month (too fast where it was not a help!)
    (I-140 was approved in my son�s 20th year � however, I learned that it is not of any help for filing his I-485)
    (D) Applied for I-485 (for rest of family � not for son) (Thanks to IV) : First week of July 2007
    (E) DOB of son : 3/30/1986
    (F) Currant age : 21 yrs + 4 months (Currently on F1 and doing his under grad in US)
    (G) Date to be considered for determining the age for filing I-485 : 6/1/2007
    (since the monthly bulletin is released on 6/12/2007)
    (H) Age as on above date (6/1/2007) : 21 yrs + 2 month + 1 day
    (I) Benefit from CSPA :(I-140) pending days (C) : 1 month
    (J) Effective age for filing I-485 during current window : (H) � (J) : 21 yrs + 1 month + 1 day
    (2) Since, he aged out for filing for I-485 (also based on attorney�s calculation), his papers were not included and only papers for rest of the family were filed in July, 2007. Friends, is there any other interpretation of CSPA � which could be helpful in this scenario?

    (3) Other Particulars (which could potentially offer any other solution / advice): I am from India and in US from sep 1998 (change of employer forced me to restart my GC process) and my son entered USA in Oct 1999 at his 13 � yrs and stayed continuously & studied in USA from 9th standard. Currently, he is in final yr of under graduate study and is on F1 visa from March 2007 (after completing 21 yrs) paying high (2.5 times the instate fee) international student fee.

    (4) Can I do any thing in the current window when dates are current (until 8/17/07): Friends, if there is any way of filing his I-485, it will be of great help � since he could continue his graduate study at reasonable cost (at instate tuition fee). Are there any other options in this situation? Is there any possibility of I-485 getting receipted (if filed) � since he is supposed to have his PD frozen for his application for family based I-485 at parent�s PD (if applied with in one year of parent�s I-485?) (I am referring to a clause in CSPA � which states that the application will automatically be converted to family based I-485 if applied with in one year � Of course, these dates are not current now).

    (5) I am not aware of how many others are affected with age-out issue in EB based cases. Can we come together through IV and identify potential action items? Can IV and immigration community help in addressing the age-out issue in bills proposed to be introduced (like DREAM / SKILL etc�) now on� (Particularly since the percentage of affected people may be very low with less voice that could be heard). I am thankful to IV & the core team for their extraordinary efforts and shall be contributing my part shortly.

    Sorry for the long note � I thought the complexity of the issue needs it.

    Thx GCVir
    I am sorry to hear about another child aging out. Those not affected can not imagine the anguish it causes. I also had to start my green card a second time because my first I140 application was denied. I have tried every which way to find a way round this issue. Constantly posting every time another person posts on this situation. IV to this point do not seem to be motivated to address this. While the parents on here will eventually get their green cards, these adult children lose their path. In reality these children are the real victims of labor backlogs and retrogression and it would be useful to use these instances to illustrate the misery that results from the backlogs and waiting periods. I am not down playing the plight of spouses who have to wait to be able to work, since my husband has been waiting (not always patiently) for eight years, so do understand this side of the problem as much as anyone else.

    Please IV see this issue for what it is and that is a very real human issue that is destroying families. It could be used to everyone's advantage and highlight the human side of the broken employment based immigration system.



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  • roseball
    08-23 09:49 AM
    AFAIK, this memo only applies to those I-140 petitions which do NOT require a labor certification approval. It does NOT apply to EB-2 Advanced degree holder petitions which require a certified labor and BS + 5 yrs or MS + 0 yrs of experience.

    Though, for now, most of us who are filing in EB-2 Advanced degree holder category have nothing to worry, this definitely looks like a targeted approach where they are coming after everybody, one category at a time. So its just a matter of time it seems when they come up with something which targets everyone...

    As per Matthew Oh's blog, this will be adopted on Sep 3rd.




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  • Edison99
    10-22 09:52 AM
    Thanks for nice info!
    My application was filed under PERM EB2 on May 12th and it got approved on Sep 2nd. Filed I-140 under premium processing yesterday. My attorney has requested earlier priority date (June 2003, EB3) while filing EB2 I-140. He said, once I-140 is approved and priority date porting is done, I-485 may be approved automatically. If not approved for a period of time (say a month or so), interfiling may be requested.



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  • villamonte6100
    04-01 10:19 AM
    Well they do process millions of applications - H1's , EAD's , GC's ' I-140 , Labor and so many different kinds of visas and other applications . I must say that they are trying even if they are not succeeding. It is probably due to shortage of manpower and experienced personnel. Another problem is that the money that they get from all the application fees which is a very significant amont ( greater than a billion ) some of it is diverted to other programs rather than hiring more workers for USCIS .

    I guess we can only make efforts via rallies and other actions that IV does to make them realize the delays and streamline their process but the ultimate decision will always lie with USCIS unless a big political figure steps in .

    I totally agree.




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  • Jeniya2006feb27INDIA
    11-06 04:03 AM
    I read somwhere that another bill is in que of senete for allowing the reinstatement of schedule A
    is it true? if yes, is there any chance that it will become a bill




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  • GCBy3000
    07-20 01:46 PM
    What the heck you think about USCIS?

    When they can process 18K 485 in a day and 60K in a month, then these EADs and APs are miniscule for their efficiency. Ohh god, forgot to mention that too they worked on weekend. So they are ready for weekend work if required. So look at the below calc.

    Yes, realistically, the estimated apps are 750K considering 500K primary and 250 dependents. This is can go up if the dependends increase. So assume a million in worst case scenario.

    18K 485 a day = 50K EAD / AP a day.
    Hence
    50K EAD/AP in one day = 50K * 30 = 1500K in a month. So it would only 20 days to get your EAD / AP even if million people apply. Hmm let them not work on weekends now.

    0r

    60K 485 in one month = 180K EAD / AP in one month
    Hence
    180K EAD / month = 5 months

    Above is worst case scenario with 1million apps. So dont worry, you should be getting your EAD faster now than before.




    saimrathi
    07-06 11:33 AM
    Agreed, that would be the biggest impact... But, not all of us would be able to get an opportunity elsewhere in the world.. For example, doctors, scientists... not many countries match US infrastructure..

    This is only my view...

    As the saying goes..."Justice delayed is Justice Denied"

    Considering our opportunity cost, many of us may be better off packing our bags and heading back - this may have an impact on the feds, the companies and people at large who think that WE are a burden on the society. All these artificial barriers and hurdles are a reflection of this.
    Its quite apparent that there is no end game in sight, there is no motive here(ref to subash and gandhi message by asharda), no end game...it can only get worse. The Feds have succeed in Scr....wing US.

    bottom line - Do we really add value to the society here?
    convince the people and this will be the ONLY solution to our problems.




    GCwaitforever
    05-02 09:37 AM
    The only way to get the stimulus payment is to obtain a Social Security Number for �non-work� purposes. The SSA may issue an SSN to an alien under the following provision:

    20 C.F.R. � 422.104(a)(3)

    (i) You need a social security number to satisfy a Federal statute or regulation that requires you to have a social security number in order to receive a Federally-funded benefit to which you have otherwise established entitlement and you reside either in or outside the U.S.;

    http://www.socialsecurity.gov/OP_Home/cfr20/422/422-0104.htm

    The Social Security Administration is required by federal law to issue Social Security Numbers to legal aliens who require them to receive federally funded benefits under Section 205(c)(2)(B)(i)(II) of the Social Security Act, which states that the Social Security Administration is required to assign an SSN to �any individual who is an applicant for or recipient of a benefit funded in whole or in part with Federal funds.�



    Good job Admin2.

    Folks with ITINs,

    Please file for SSNs quoting this stimulus package and get the refund. If someone tries and SSA refuses, we can take it up with legislators or even pursue litigation.



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