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  • rajeshalex
    07-13 06:57 PM
    Can IV use FOIA to
    1 get the visa numbers allocated by USCIS for the past one year ?
    2 pending 485 applns grouped by country/EB category/priority date?


    I think this will clear lot of speculations/and if needed we can do something regarding the visa number wastage/retrogression.

    Rajesh





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  • kshitijnt
    08-10 03:34 PM
    Wishful thinking ?:)

    I would be happy even if they clear all cases for 2003 and half of 2004 in 2010 calendar year. (i.e. for India alone)





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  • f16mav
    03-18 08:35 AM
    I can donate about 30K Continental miles. Please let me know the procedure.

    Thanks,





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  • psczd4
    09-26 12:13 PM
    Great work folks!!!�

    I am not being pessimistic here but the whole article is more tailored towards H1B visas�Green card is masked by the H1B (that is the way I read this) Should there be not a similar article with an analogy about the backlogs and how this impacts the US economy?



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  • alex99
    04-08 02:24 PM
    (EB1)
    2007 2006 2005
    26,697 36,960 64,731
    (EB2)
    44,162 21,911 42,597
    (EB3)
    85,030 89,922 129,070

    How come EB3 is getting major share from the annual limit for last three years(2007,2006, and 2005)

    Gurus : please through some light on this?





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  • piyu7444
    01-30 04:15 PM
    Good. That means you were in-status at the I-485 filing. Submit documents mentioned in RFE and you should be good.



    >> My question is - Is the time I haven't been working considered as Out of Status?
    No you are not. Like I said out of status UNTIL date of I-485 application is most important.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin

    I read the thread and have a question for Desi3933 as he seems to have knowledge about how this works..........

    I am on h1b with employer B.

    Employer A had my h1b and had processed my GC. I applied for 485 in Jul 07 and then in Jun 08 I transfered my h1b to Employer B. I did not notify USCIS about this job change so I did not invoke AC21. (Lawyer suggested to leave it in case we get a RFE)

    Now my wife's 485 application is tied with mine. She is on h1b with employer C. Employer C is a consulting agency and her contract will end today Jan 30 2009. Also we are expecting hence she will take a 3 month time off / vacation for the baby (permissible under law) starting End of April 2009. Further she will travel to India on Aug 1 2009 and will return around Nov 15 09.

    She has worked only 1 month in 2009 this will be reflected on 2009 w-2. I have couple of questions:

    Will she be considered as "out of status" from Feb 1 to April end?

    She has h1b valid till 2010 so when she returns back to US in Nov 09 shall she use h1b or enter US on AP given the fact that 485 is pending?

    Will you recommend getting paid from Feb thru May to cover the gap? (this could be done with as the employer is willing to help)

    Thanks



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  • nomi
    12-12 10:19 AM
    Nobody knows whether congressional action is needed to allow I-485 to be filed during retrogression?


    Look, No body know about it. I think we should contact with some law firm in order to find it out from some reliable sources.

    One more thing is what how does USCIS start retrogression. There is no law about it either. This is something USCIs start by it self using "New Rule" option.

    I think Core team should look into it. Since we spend so much energy to calling all Senators and we all know the results.

    USCIS can allow to file I-485 or they can make some rule without going congress.

    Correct me if I am wrong but there is some light in this path for us if we seriously fellow it.

    what do you guys think about it ??

    thx.





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  • mirage
    02-03 03:54 PM
    Guys we need to see the staff of 4 people. Congresswoman Zoe Logfen, Senator John Cornyn , Senator Arlen Specter and Senator Gillibrand. I have spoken to the offices of 2 of these Lawmakers, and they have always shown the understanding of this issue. as you may know recently elected NY Senator Gillibrand mentioned about 'some country people waiting for 8 years', this tells her understanding of the situation.
    I have 4 people sent me emails, It would be good if we can make a group of about 20 people...It'll also help if people of these 4 states come forward...
    also please suggest on conferencing facilitie..

    Thanks



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  • boldm28
    04-05 09:14 AM
    in my opinon its a supply demand market ..if some companies are exploting people who are consulting .. it has it shares of good things

    1) no big company will generate a pay stub (just by payin u paying the taxes and being on bench)... which by the way is required to do things like renting or getting a credit card

    2) not every big company does your GC .. this is from First hand exp .. a friend of mine worked for CISCO for 5 yrs at a very good sal but cause cisco was not able to file his labor he swtiched and now is making half of what he used to make at cisco . but again that is his call

    3) Nobody put a gun to your head and asked you to come with an H1 body shop

    i am just playing a devils advocate ....





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  • ramus
    07-02 10:40 PM
    every single amont matters... Thank you for your contribution and please ask others to contribute and help us moving this thread..


    Signed up for $50 monthly contribution today. Contributed since June 1st = $120. Hope this small contribution will be helpful in this endeavor.



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  • wa_Saiprasad
    06-11 08:45 AM
    Done.

    Also urging my friends to email.





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  • calgirl
    07-20 02:33 PM
    Few employers and few lawyers didn't apply for EAD/AP on July 2nd. My employer said they applied for 485 but not EAD/AP. They will wait for receipt notice and then apply for EAD/AP.
    After Aug 17th, can we still apply for EAD/AP knowing dates won't be current.

    Thanks.



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  • sat0207
    04-27 09:23 AM
    Immigration Security Checks

    �How and Why the Process Works

    Background All applicants for a U.S. immigration benefit are subject to criminal and national security background checks to ensure they are eligible for that benefit. U.S. Citizenship and Immigration Services (USCIS), the Federal agency that oversees immigration benefits, performs checks on every applicant, regardless of ethnicity, national origin or religion. Since 2002, USCIS has increased the number and scope of relevant background checks, processing millions of security checks without incident. However, in some cases, USCIS customers and immigrant advocates have expressed frustration over delays in processing applications, noting that individual customers have waited a year or longer for the completion of their adjudication pending the outcome of security checks. While the percentage of applicants who find their cases delayed by pending background checks is relatively small, USCIS recognizes that for those affected individuals, the additional delay and uncertainty can cause great anxiety. Although USCIS cannot guarantee the prompt resolution of every case, we can assure the public that applicants are not singled out based on race, ethnicity, religion, or national origin. USCIS strives to balance the need for timely, fair and accurate service with the need to ensure a high level of integrity in the decision-making process. This fact sheet outlines the framework of the immigration security check process, explaining its necessity, as well as factors contributing to delays in resolving pending cases. Why USCIS Conducts Security Checks USCIS conducts security checks for all cases involving a petition or application for an immigration service or benefit. This is done both to enhance national security and ensure the integrity of the immigration process. USCIS is responsible for ensuring that our immigration system is not used as a vehicle to harm our nation or its citizens by screening out people who seek immigration benefits improperly or fraudulently. These security checks have yielded information about applicants involved in violent crimes, sex crimes, crimes against children, drug trafficking and individuals with known links to terrorism. These investigations require time, resources, and patience and USCIS recognizes that the process is slower for some customers than they would like. Because of that, USCIS is working closely with the FBI and other agencies to speed the background check process. However, USCIS will never grant an immigration service or benefit before the required security checks are completed regardless of how long those checks take.

    To ensure that immigration benefits are given only to eligible applicants, USCIS adopted background security check procedures that address a wide range of possible risk factors. Different kinds of applications undergo different levels of scrutiny. USCIS normally uses the following three background check mechanisms but maintains the authority to conduct other background investigations as necessary:

    � The Interagency Border Inspection System (IBIS)

    Name Check� IBIS is a multiagency effort with a central system that combines information from multiple agencies, databases and system interfaces to compile data relating to national security risks, public safety issues and other law enforcement concerns. USCIS can quickly check information from these multiple government agencies to determine if the information in the system affects the adjudication of the case. Results of an IBIS check are usually available immediately. In some cases, information found during an IBIS check will require further investigation. The IBIS check is not deemed completed until all eligibility issues arising from the initial system response are resolved.

    � FBI Fingerprint Check�FBI fingerprint checks are conducted for many applications. The FBI fingerprint check provides information relating to criminal background within the United States. Generally, the FBI forwards responses to USCIS within 24-48 hours. If there is a record match, the FBI forwards an electronic copy of the criminal history (RAP sheet) to USCIS. At that point, a USCIS adjudicator reviews the information to determine what effect it may have on eligibility for the benefit. Although the vast majority of inquiries yield no record or match, about 10 percent do uncover criminal history (including immigration violations). In cases involving arrests or charges without disposition, USCIS requires the applicant to provide court certified evidence of the disposition. Customers with prior arrests should provide complete information and certified disposition records at the time of filing to avoid adjudication delays or denial resulting from misrepresentation about criminal history. Even expunged or vacated convictions must be reported for immigration purposes.

    � FBI Name Checks�FBI name checks are also required for many applications. The FBI name check is totally different from the FBI fingerprint check. The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. Initial responses to this check generally take about two weeks. In about 80 percent of the cases, no match is found. Of the remaining 20 percent, most are resolved within six months. Less than one percent of cases subject to an FBI name check remain pending longer than six months. Some of these cases involve complex, highly sensitive information and cannot be resolved quickly. Even after FBI has provided an initial response to USCIS concerning a match, the name check is not complete until full information is obtained and eligibility issues arising from it are resolved. For most applicants, the process outlined above allows USCIS to quickly determine if there are criminal or security related issues in the applicant�s background that affect eligibility for immigration benefits. Most cases proceed forward without incident. However, due to both the sheer volume of security checks USCIS conducts, and the need to ensure that each applicant is thoroughly screened, some delays on individual applications are inevitable. Background checks may still be considered pending when either the FBI or relevant agency has not provided the final response to the background check or when the FBI or agency has provided a response, but the response requires further investigation or review by the agency or USCIS. Resolving pending cases is time-consuming and labor-intensive; some cases legitimately take months or evenseveral years to resolve. Every USCIS District Office performs regular reviews of the pending caseload to determine when cases have cleared and are ready to be decided. USCIS does not share information about the records match or the nature or status of any investigation with applicants or their representatives.





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  • tooclose
    07-13 07:14 AM
    What is the need for all this ? The visa bulletin is out but no one cares to read it I guess. Every bulletin has these or words to this effect.

    "Only applicants who have a priority date earlier than the cut-off date may be allotted a number."

    So the date that you see in the table is NOT eligible for visa numbers.

    Thanks for the information. I believe I have to wait for another month to get any updates from the Sep visa bulletin or wait till same time next year since my PD is Mar-06.

    Congrats to all to have received it and good luck to those who have become current !



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  • arunmohan
    06-06 05:22 PM
    Enjoy your green life. We don't know when we will see approval for EB3 India.





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  • gk_2000
    08-10 03:19 PM
    EB-3 keyboard tigers are back to discuss how to get GC'ssssss:rolleyes::rolleyes::rolleyes:

    Sir,
    Thanks for your valuable contribution with "relevant" post



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  • lost_in_migration
    08-15 04:24 PM
    That was my day-dream while sitting @ office ;)

    They should have continued down to EB3 w/ those dates..!





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  • Munna Bhai
    09-19 06:14 AM
    Thank you IV and all volunteers that made this rally happen. It was very well organized and I really enjoyed being part of it!!
    I really liked Murthy's speech. Short and to the point. "Legal" is the key.
    I also liked Mark's little comedy act.

    (Wish more would have shown up to show their support, but I guess some people are content waiting 10 or more years for their GC.)

    Suggestions for improvement to next time:

    1. I liked that the Chinese group joined the rally, but I didn't like their speaker. He was only talking about Chinese and Indian joining forces, and then making some kind of joke about IC chips are only made by Indians and Chinese. It's ok if you want to be an Indian/Chinese-only group, it is your choice. But if you want to change something about your green cards, you will fail with that attitude. You need to attract and change things for EVERYONE, or no one will listen to you. (If you want IV to be for everyone, IV needs to be more clear on that. There are so many Indians on the forums that ppl might think it is only for Indians.)

    2. Minor things... Good job on the signs(!), but there were too many of them. Half would be enough. People had trouble focus on them.
    Also, keep the message short. Max a few words. No one can, in a few seconds, read a moving sign containing 4 lines of text with 5 words on each, on an unknown subject. The poor people who tried to read them looked like near-sighted old men. Short and big letters is better. "Shorter wait for legals"
    rather than
    "Reduce the backlog for highly-skilled legal immigrants so we can live the American dream and not wait for 10 years"

    But all in all, I was amazed how well everything was planned. The state flags was a nice touch. Flowers too. Water for the participants. Great! Even the nice DC cops blocking the roads for us seemed very happy with us. Following the law is what legals do...

    This is correct!! I think, too many banners will distract..great feedback





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  • gc_chahiye
    08-15 05:33 PM
    Well, I mean no offense to anybody but why is EB3 ROW so far back while EB2 India and China are as per June bulletin or better?
    I thought for India the approved cases were 5 times the country quota for 2007? Good for those guys that were approved but I still don't get it why ROW is 2002!

    India did have tons of approvals, but I believe most were EB3 (18K) so thats gone to U. These are just a small number of unused visas that were presumably returned. October and there-on dates are a real reflection of USCIS backlog etc. (see the arbitrary use of Jan 2007 for EB1 in this VB)





    niceguy369
    01-31 02:30 PM
    My brother had horror stories when he was working in CA. His close friend cousin owns a company and he blindely trusted him. They forced my brother to sign a contract in the amount of $10000 if he leaves the company. He spent there for 6 months and found it horrible. He finally decided to leave the company and lost 1.5 month pay. Now he has the following issues.

    1. He did not get his W2. And the company is not responding to his queries for his W2
    2. He had to pay the tax on the amount which he did not received any money for 1.5 months

    I hate desi companies as they take advantage of people and threaten them. Please share your ideas how can he proceed on his situation.

    Thanks.





    Berkeleybee
    02-14 01:17 PM
    Retrohatao,

    Also want to tell you that as the CA team meets lawmakers we give them an informational packet that includes:

    (1) Our presentation

    (2) CIS Ombudsman's Report:
    http://www.dhs.gov/interweb/assetlibrary/CIS_AnnualReport_2005.pdf

    (3) GAO Report on Backlogs at USCIS
    http://www.gao.gov/new.items/d0620.pdf

    (4) Exec Summary of NAS Rising Above a Gathering Storm
    http://fermat.nap.edu/catalog/11463.html

    (5) How Visa Date Cutoffs Are Established from July 2000 Bulletin
    http://dosfan.lib.uic.edu/ERC/visa_bulletin/2000-07bulletin.html

    Number (3), the GAO report describes the security check problem in tremendous detail. We give this report to lawmakers to remind them of the farcical nature of the security check problem. Note also that the CIS Ombudsman's report also includes critical commentary on the security check problem.

    To reiterate, we are committed to removing ALL the hurdles in the process, not pick and choose between them.

    best,
    Berkeleybee