Saturday, June 18, 2011

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  • arunmohan
    10-21 06:41 PM
    We are referring the Michael Yates's memo in the letter but why we not referring the Donald Neufeld's Memo?

    http://www.uscis.gov/files/nativedocuments/AC21_30May08.pdf




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  • 485Mbe4001
    08-15 11:50 AM
    True, once the people realize that they are close to GC they forget all tasks and move on to the other forums (R2I or USC or whatever) there are very few who actually stay on and help add this to the fact that most of the EB3-I's got fed up with the nonsense going on (most were only looking for a sounding board to voice their dismay, instead they were reminded of the caste system). So EB2's stop working because their PD is current and EBs stop because there is little hope/chance/help. We can dissect the VB as much as we want, the fact of the matter is that EB3 as a whole and EB3 (india &China) in particular are screwed big time. There is hope in the Logfren bills but the congress seems to have other 'important' issues to discuss.

    We should take the campaign to a new level move from individuals to involving groups and compaines. They have more money and power to make things move. EB3 & EB2 discussions will go on for ever, we can either decide to wallow in our sorrow or do something. Lets identify groups who can help us and write to them. Each EB should talk to his/her HR and ask them to write a letter to their congressman/Senator it will have a bigger impact.

    What are your thoughts?


    actually people are already complacent ..eb2 is in joy and waiting impatiently, eb3 people have given up hope and there is not much news from core. people may not like my post but that is the fact




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  • McLuvin
    04-12 01:43 PM
    What's happening with the PERM approval guys??

    No approval off late... Its going in a snail pace since the last 10-20 days

    BR,
    McLuvin




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  • needhelp!
    09-10 05:40 PM
    Thank you singam, cirigadi, sirinme

    Once again.. those who want to contribute smaller amounts.
    Send them to:

    Immigration Voice

    PO Box 114
    Dayton
    New Jersey -08810

    Telephone: (202) 386-6250



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  • va_labor2002
    06-23 11:00 AM
    I got my labor approved only on May 26 ,2006. My Pd was March 12,2002 EB3 Va.

    I've already entered details into http://www.trackins.com

    Data was:
    PD 12/19/2002
    Approved EB3 RIR 6/14/2006
    received copy today
    Originally NY DOL
    Philly BEC

    That was 1272 days

    Here is a little good news for most....
    I had estimated that I would get my approval around beginning Sept, but I got it about 6 weeks earlier. I had been tracking estimating etc., also I had asked a paralegal about whether her customers were being processed in order or if people were disappearing into black holes (as a few appear to a trackins.com). None of her customers were in black holes.

    Currently it does appear that Nov and Dec 2002 are being processed at Philly BEC, and in general it does seem to be advancing in date order, with a few approvals now being a few months behind (oldest approval recieved in Dec 2006 was Aug 2002) so the spread was Aug 2002 to Dec 2002 being processed in June 2006. This is based on info at trackins.com and my paralegal's customers.

    Also from trackins.com it appears that most 45 day letters have been issued.
    They made a public commitment (and in court) to have data entry done by end of June 2006 (i.e. next week). So anyone who has not received a 45 day letter by the end of July should be banging on their door. They appear to be close to all data entry done, so that estimate looks to have been credible. Thus their estimate of all applications processed for Sept 2007 gains some credibility.

    Also I based my estimate of when I'd get my LC partly on their estimates of when they'd finish LC processing.




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  • pandu_hawaldar
    07-06 01:46 PM
    http://infotech.indiatimes.com/articleshow/2180544.cms



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  • gc_on_demand
    04-30 10:27 AM
    Guys

    is there any webcast link so we can listen online ?




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  • Suva
    07-18 02:24 PM
    Seems convincing to me.

    only those with labor approved by 31st july can apply.



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  • hazishak
    07-18 07:22 PM
    what happens when dates retrogress? If my PD is 2000 Jan (assume) and some one else has 2001 Jan (assume) with RDs July/2007 and Mar/2007 respectively and in August 2007 PD cut off date went back to 2000 Feb (assume) then does it mean that 2000 Jan PD is ineligible to get the adjudication before the guy with PD 2001 Jan because the RD is later for this case? Again if the answer to this question is yes then ,when the PD is set at 2000 Feb why are they accepting new AOS apps which satisfy this PD cutoff date because if they process by RD(at all times) they are not likely to consider these for adjudication anyway? Is it just for our benifit that we can get an EAD? If I go down this path I donot understand the purpose of the whole PD in this process.

    The thing I am trying to understand is 'if PD is not significant in AOS why is it there at all in the visa bulletin'. If RD overrides the PD at the AOS stage then instead of specifying a PD in the Visa bulletin they can just say that

    "We are accepting new AOS applications" and then adjudicate them in the order of the RD.


    These are all just my thoughts and am trying to put them together. I may very well be wrong in my basic understanding of this process. Thank you for your previous reply. That was helpful.

    In your case you will get the percedence over the 2000 PD. His is PD is not curent at time of processing. If the cut off date is after 2001 which means both are cuurent then the later guy will take precedence since his RD is earlier than your's.




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  • Edison99
    04-30 10:04 PM
    Thanks Leo07 for the great link!
    It's good beginning though.......



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  • imv116
    07-09 06:09 PM
    Count me on too. Zip 90005

    -Imv116




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  • immi2006
    08-18 10:45 AM
    There are a few hundred cases of Eb2 and 3 getting approved in my American company.

    People are jumping into conclusion with a few approvals from 2004/2005, but what you are not considering is the number of people with 2001/2002 priority dates who just applied for 485 in June. There might be a lot of them (I am one of those). If there are not too many of them, it is good for everyone, but its very tough to predict.
    From what I heard from my lawfirm, they expect the oct bulletin to go back to 2001 or early 2002. But with everyone filing 485, USCIS should be able to predict the number of applicants and move dates better compared to earlier when they were shooting in the dark and wasting visas.

    Anyway, good luck to all



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  • ashutrip
    06-22 11:18 AM
    Nothing so far. I keep checking the status of my application every day but its still "In Process"
    what is your PD?




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  • tnite
    07-11 08:02 AM
    Does someone know by how many months EB2 has jumped??

    little more than 2 yrs



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  • JunRN
    08-08 11:04 PM
    Did you pay using the new fee for I-140? I did.




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  • gc_chahiye
    07-23 04:02 PM
    this is a 2004 EB3 approval! This is the first one I am seeing from 2004. So looks like they have really cleaned the pipes here, and things should be better going forward.

    The nicest thing of this whole fiasco is that they seem to have ignored country-limits and approved as many as possible. Last year they did only 9.8K EB Indians (teh final count was 17k, but that was due to ScheduleA). THis year (2007) if they have gotten 20-30K India applications out, the dates should move better in the future.

    Eagerly awaiting 2 USCIS stats:
    1. per-country per-category EB approvals in 2007
    2. number of 485 applications received by August 17th



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  • JunRN
    09-28 07:43 PM
    Hopefully, they can repeat the same madness again and do it for good this time around.

    Looking at , it seems that latest approvals really come from ROW and Philippines for EB2 and EB3.

    So ROW and Philippines filers, hang-on!




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  • bigboy007
    06-03 03:02 PM
    I understand but i already sent our media drive to 50 different media , i aleady sent multiple faxes , i already sent many many emails but please advise me what more should i do to convince IV core that issues i have mentioned also effect many who are already IV members , i am requesting you to see Text of Webfax is added acoordingly ?

    I have nothing to do with date too. but with many posts on it i still feel there are many many members that get effected




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  • bigboy007
    06-03 01:35 AM
    I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :

    Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.

    Here it goes :

    There are two important sections of Student visas.

    this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
    ================================================== ====

    (c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
    14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
    15 is amended—
    16
    17 (1) by striking the parenthetical phrase “(other than a
    18 nonimmigrant described in subparagraph (L) or (V) of section
    19 101(a)(15), and other than a nonimmigrant described in any
    20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
    21 such section) " in the first sentence; and
    22
    23 (2) by striking “under section 101(a)(15)" and inserting in its
    24 place “under the immigration laws.".
    25
    26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
    27 Subsection (h) of section 214 of the Immigration and Nationality Act
    28 (8 U.S.C. 1184(h)) is amended—
    29
    30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
    31
    32 (2) by striking “if the alien had obtained a change of status" and
    33 inserting in its place “if the alien had been admitted as, provided
    34 status as, or obtained a change of status";


    ================================================== =====

    what does (c) in Student visas do :

    214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.

    As stated in US code of Law this is what it is :

    ================================================== ======
    "Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."

    ================================================== ======

    By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.

    Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.

    This is how : when (d) of the above Student visa section is applied this is how it turns :

    This is from US code of rules pertaining to 8 U.S.C. 1184(h)

    (h) Intention to abandon foreign residence
    The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.

    ================================================== ======

    Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.

    based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.

    Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we seeking GC.

    Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.

    *******************

    But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.




    hopefullegalimmigrant
    12-27 09:41 AM
    Does anyone know/suggest how to handle this delay? How are Ombudsman conferences held? Are these adhoc or with a certain frequency? We need to bring this up somehow. Recent USCIS reports show varying numbers of cases processed. But no one will know about our delays of existing AP cases unless we bring this to attention through murthy/Oh firm/ombudsman...somehow?

    please share your thoughts.




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    07-14 03:24 PM
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