Monday, June 20, 2011

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  • greencard_fever
    07-20 11:14 PM
    I'm having less and less faith in the claims made by members that USCIS is inefficient and clueless. ok, they have been and continue to be in many areas:):). However, they have a game plan this time. In retrospect, we know they had a game plan in June 07 also.

    There are several unknown variables (repeatedly and extensively discussed here)which make accurate prediction impossible for us. However, USCIS has the numbers of RIPE CASES. And they moved the dates based on the availability of remaining GC numbers for this fiscal AND the ripe cases.

    They could have moved it to just Dec 2005, instead they moved it all the way to June 2006.

    Best\ optimistic scenario- Most EB-2-I cases upto June 2006 will be adjudicated before Oct 1st.

    Conservative scenario-Upto at least Dec 2005 PD all cases will be adjudicated , and a few CP cases into early 2006 will be adjudicated. With spillovers happening in each quarter, the PD should continue to move.

    Hello Gurus,

    I have red in many places that there is some cases which are "Low hanging fruits" or "Ripe cases" when they say this what exactly this means? my understand is that for USCIS every case which has all proper supporting documents then they will adjudicate that case no matter what if VISA number available, can some one help in understanding what is "Low hanging fruits" or "Ripe cases" :confused::confused:





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  • browncow
    05-26 11:26 PM
    I carry my GC, passport etc even if i get out of my house to my lawn.
    I also stick them to my body in a water resistant package when i dive into a swimming pool, in case a immigration nut lay waiting there. Law is law. Why can't they collect my finger print/iris scan and determine status ?

    Cos, if you are not a US citizen, the burden lies on you to prove your legal status.

    This is the reason why US is losing out on tourism in a huge way.





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  • webm
    03-17 04:56 PM
    Spillover is not handled within category: It is handled from top preference to lower preference. Spillover pattern is as under. It is circular and cyclic with broken link from EB3 to EB4.

    Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.

    http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html

    So legal pattern for spillover is as under.
    --------------------------------------

    EB1 -> EB2
    EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
    larger demand.)
    EB4->EB1

    Note: Nothing goes from EB3 to any category and practical reality is that
    nothing extra comes to EB3 as EB2 is always hungry:)

    In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.

    USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.


    well said dude!!!





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  • immi_seeker
    08-16 12:50 AM
    September bulletin was out today..Wondering why there was no thread yet on IV..EB2 india shows visa number available with a cutoff date of APRIL 2004
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html



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  • av2004
    06-10 04:09 PM
    Sent e-mail to my senators..





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  • virtual44
    07-05 03:45 PM
    Nothing comes for free, you have to work and contribute. It is a collective effort and we all should share financial, and other responsibilities to acheive our common goals.

    We can achieve them sooner by contributing as little as 20 dollars and encouraging the core group, volunteers and allowing them to concentrate on goals of the organization and not worry about how they will pay for the lobbying and law firms at the end of the every month.



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  • conundrum
    11-06 11:54 AM
    Hi,

    Can somebody paste the sample letter that needed to be sent because I cant open in office.

    Thanks,
    brawn.

    FOIA Request for number of pending Employment based AOS/I-485 Applications

    John Doe,
    200 Main Street,
    Chicago,IL,60001

    National Records Center, FOIA/PA Office
    U.S. Citizenship and Immigration Services
    P. O. Box 648010
    Lee�s Summit, MO 64064-8010

    Dear FOIA officer,

    Several Employment based categories have been retrogressed for 4 years now and the exact number of pending AOS applications sorted by priority dates in the employment-based category is unknown. Department of state has been establishing the cut off in priority dates based on educated guesses and approximations. DOS and none of the Employment based applicants know the number of applications pending per category, per country sorted by priority dates. DOS visa office expressed same concern in Oct 08 bulletin.

    �Little if any forward movement of the cut-off dates in most Employment categories is likely until the extent of the CIS backlog of old priority dates can be determined.�

    This information would be helpful in determining the priority dates accurately and in determining when a visa number will be available for a given priority date in a certain category. I request you to provide me with the number of pending employment based AOS applications, (excluding approved/denied) sorted by priority date from 2001 on a yearly basis broken down for each of the following country and category. (Not the combined total of pending EB AOS applications altogether)

    EB-2 China : Number of employment based AOS applications pending with USCIS sorted by priority date on a yearly basis from year 2001 till now

    EB-2 India: Number of employment based AOS applications pending with USCIS sorted by priority date on a yearly basis from year 2001 till now.

    EB-3 China: Number of employment based AOS applications pending with USCIS sorted by priority date on a yearly basis from year 2001 till now.
    EB-3 India: Number of employment based AOS applications pending with USCIS sorted by priority date on a yearly basis from year 2001 till now.

    EB-3 Mexico: Number of employment based AOS applications pending with USCIS sorted by priority date on a yearly basis from year 2001 till now.

    EB-3 Phillippines: Number of employment based AOS applications pending with USCIS sorted by priority date on a yearly basis from year 2001 till now.

    EB-3 Rest of the world : Number of employment based AOS applications pending with USCIS sorted by priority date on a yearly basis from year 2001 till now

    Thanks,
    John Doe.





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  • logiclife
    01-30 01:20 PM
    One more thing about desi companies.

    When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.

    Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.

    However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.

    Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".

    Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
    -------------------------------------------
    PS
    I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.



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  • BharatPremi
    03-17 12:56 PM
    As far as I know there are atleast 5-6K applicants waiting with PDs before Dec-2003. Considering 3 visas used for each applicant. There'll be a requirement of atleast 15-20K Green Card numbers for Indian EB3 to clear people up to Dec'2003. While EB3 gets a maximum of 3K/Year. My guess is it'll take 5-6 Years to get the EB3 to Dec'2003.

    Including spillover generally EB3-I clears up around 5000 visas per year on average ( Though theoratically stuck at 3300-3500). 3 visas per applicant is at bit high end. I would not assume everybody is married AND have child.. I would put that around 1.75. But, yes, even if select these new parameters than also it would take years..Theoratically, ofcourse:):)





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  • abc
    11-17 05:21 PM
    try to move when your 6 months of any H1b year are over.

    I am trying to file H1b transfer + extn through new company. I am on 6 and half years on H1.

    So, i will get 18 months in new h1b. Thus, I can safely file Perm through new company and get further extensions.



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  • ajay
    01-16 08:56 PM
    See buddy, there are some people who will cry whatever scenario they are in, and some people who will laugh and be happy in whatever scenario they are in. The key to optimism and happy life is to find someone who has it worse, and realize how fortunate you are. At least you are not having to live in the slums of India. At least you are not having your daughter breathe the polluted air of an Indian metro. At least you have a healthy family and no medical emergencies to worry about. Enjoy what you have got, not crib about what you've got.



    This is what I always thank my elders and God for what I have been given in my day to day life.





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  • pappu
    07-01 10:09 AM
    fyi
    http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf

    Testimony of Charles Oppenheim, Chief, Immigrant Control and Reporting Division, Visa Services Office, U.S. Department of State, June 6, 2007.



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  • gondalguru
    07-07 06:57 PM
    Congrates to all who got approved with PD of 2004. Feels good to know that EB2 india with PD 2004 (Jan to March) getting approval.





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  • jaocanada
    06-10 08:29 PM
    Sent.



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  • Desertfox
    12-10 07:06 PM
    Hi friends,
    I need your help!!!

    I'm here at California with L-2 visa. I can stay legally in US but i can not get a SSN number, i can work too.But For a driver license they ask for SSN. Do i still get the Driver License or no?


    Thank you very much...

    If you have valid L-2 status, you need to apply for your EAD (file I-765 with USCIS) to be able to work legally. Once your I-765 is approved, you will get your EAD card and you will have to take it to your local SSN office and apply for a SSN. Having your EAD (employment authorization) card allows you to apply for a SSN. Also no matter what, you will need a SSN to work legally.





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  • aadimanav
    09-26 11:57 AM
    IV members won.

    Wordings changed:

    "..The demonstrators were protesting long delays in securing green cards for highly-skilled workers already in the U.S. ....."



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  • snathan
    04-13 11:58 AM
    I urge everyone to read the donor forum...we need more people to work on couple of issues and fixes. Please become a donor and take part in this...if you are serious to fix these issues.





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  • dhirajs98
    06-11 02:16 PM
    Sent an email out and forwarded it to 4 friends.





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  • tampacoolie
    07-13 10:51 PM
    I have a gut feeling that he does not have right to revise visa bulletin.





    waitnwatch
    07-13 12:00 PM
    "Why does Murthy publicize such a letter?" - well it means that she has a client base who needs to know what she is doing in her capacity as thier attorney. Second - there are thousands of Murthy.com members who are neither her client nor her well wishers - but who go to her site to find what is going on latest in the world of Immigration. Not to discredit anyone's effort in this issue - ask any immigrant or potential immigrant into this country about immigration related question, I can guarantee you that they have gained almost all thier knowledge about the process from Murthy.com site. Intended or unintended - the message to DHS is welcome, particularly at this time, be it from whoever.

    Anyone who has been a regular murthy.com visitor knows that her site consists of all her interactions with all the Agency people and government officials regarding immigration. Its called the "Internet". People post stuff - period! If it is meant to garner attention, yes, people will post messages. Its far better than a bunch of goof balls posting in youtube about thier experience with coke and spearmint. Please come out of the caves - people.

    You've agreed with my notion that this is just another posting on the internet. I surely agree with that. On the other hand this letter does not "add" or "subtract" much from the debate. In other words it doesn't have more value than say a letter from you. Of course if there is a response from the DHS secretary to the letter then one can definitely say there is great value in this letter.

    Also note that the importance or usefulness of this letter has nothing to do with Murthy's forum. One can also add intent to why she set up that forum but that is not the point of this discussion. Also your statement about all immigrants getting their immigration knowledge from murthy is interesting although again that has nothing to do with this discussion.

    Anyway this ultimately will lead nowhere..........I donot have an issue with Murthy writing a letter and posting it on her website. My problem is with this thread on IV which is trying to give that letter a warped perspective of importance.





    coopheal
    03-12 12:19 PM
    First of all I don't know who sachbole is ?

    I have contributed to IV in faxes, phone calls and sending numerous letters. You can always check my history before analyzing from a blind eye. I have been here for a while, I have even spoken to a few IV core members.

    That being said, IV need's be more organized, blind actions and blind analysis wont get us anywhere.

    It is the IV core members responsibility, I am aware of the challenges, but people are quiet frustrated and desperate for a change.

    If IV is committed on its objectives, then organize a rally or a meeting with USCIS, I will be there.

    Show the world what you are and stand for, not just talks should be the motto of this organization. Need my trust and money, please earn it.


    IV does not want your money. Its not asking for Charity.

    IV is working on getting relief for people stuck in EB green card mess. If you would like something done in this regards contribute money, time and efforts to IV.