Thursday, June 23, 2011

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  • pappu
    06-29 09:01 AM
    Ok I will file my I1485 only after every immigrant in line gets his/her greencard. Even if it takes 10 years for me I will make that sacrifice. :)

    This thread is not helping members. and so it is being closed. Thank you.





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  • loudoggs
    08-31 10:55 PM
    Nice article....Thanks for sharing!!

    ABC News:

    http://www.abcnews.go.com/Business/story?id=3526093&page=1





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  • Hello_Hello
    10-29 09:16 AM
    It is dark age for immigrants in America. They are just inventing ways to harass people. There shouldn't be a reason to issue EAD or AP in time. They have increased the fees several folds in recent years. They want us to run pillar to post for everything, be it work permit, travel document, driver's license...Just discouraging aliens to live in this country.I am trying to understand the cause for this huge delay to issue either EAD or AP. Could it be due to a large number of I-485 filers in July 2007 that the agency is unable to handle the volume of requests (either for a new one or renewal)?

    Has USCIS come up with any explanation as to why there is lot of delay to issue EAD renewals or new EADs? Could it be the US economy that is causing the drag on the agency?





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  • smuggymba
    05-12 03:29 PM
    DREAM Act Re-introduced in the Senate


    A day after President Obama gave a speech on immigration, Senators Richard Durbin, Harry Reid, Robert Menendez and 30 others re-introduced the Development, Relief, and Education for Alien Minors (DREAM) Act that would allow young undocumented people to apply for legal status if they join the military or attend college for two years.

    Each year about 65,000 undocumented students who were brought to the U.S. by their parents, often as very young children, graduate from high school and face a bleak future because of their status. Last fall, despite President Obama�s strong support, the DREAM Act passed the House but failed to attract the 60 votes needed to end a Senate filibuster.

    Chung-Wha Hong, executive director of the New York Immigration Coalition welcomed the move, but pointed out that the bill faces a slim chance in the current Congress and said the President should use the authority of his office to protect young undocumented immigrants.



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  • garybanz
    11-03 01:28 PM
    There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.


    ______________________
    Not a legal advice.
    US citizen of Indian origin

    If that is the case, then why is it that all immigration attorneys are asking us to stay with our current employers citing this "Intent" thing? Are you saying that it's all smoke and no fire?





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  • akred
    07-14 06:35 PM
    it is not clear to me that this version allows legal kids to benefit
    it talk about people being "otherwise deportable"
    someone needs to clarify with an immigration attorney or something

    Siskind says it only benefits illegals. Read his comment on his blog at http://blogs.ilw.com/gregsiskind



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  • rkotamurthy
    10-11 05:21 PM
    I was in the same boat -stuck in DBEC upto July 20th. I just scrapped thru and filed AOS Just-in-time.

    For all those stuck in BEC and missed the July 2nd- Aug 17th window, please be assured that IV has not forgotten about you. One of the items IV has always been pushing for is "ability to file AOS (I-485) when Visa number is not available".

    Please remember - Not doing anything about your GC situation is not an option





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  • longq
    12-20 03:41 PM
    Hello IV and its core members,

    I am one of the members of the forum and suffering due to the severe retrogression of EB visas. I highly appreciate IV�s effort to bring some legislative relief to address the severe backlogs in EB visas. I too participated in all IVs campaign in urging the law makers to bring some relief for this crisis. However, I have some concern here; about the method followed U.S DOS in allocating EB visas particularly in EB2 category for India and China. I am worried whether U.S DOS is violating the INA 202 (a), by suspending AC21 provision that eliminates country quota in EB categories. If they are violating by mistake, it is our responsibility to notify/clarify with them or we need to understand the law clearly. This is very important. Because, even if 110th congress passes SKIL bill, if DOS violates the AC21 law then it will not help applicants from oversubscribed countries (India and China). Here is my analysis based on following facts.

    The cutoff date for EB2 India has moved just 7 days since last 9 months. However EB2 �Row has been current. EB2- ROW has never retrogressed before. EB3 ROW has seen considerable movement in last 9 months.

    There may be four possible separate or combination of following reasons for the freeze of cutoff dates for India in EB2 at Jan 2003.

    1. The backlog elimination effort of DOL pumped massive approved labor certificates from BEC. There may be tons of EB2 applicants from India and China with PD in the year 2001 and 2002 might have applied 485s based on recent approvals from BEC. However I doubt that. Because, in the year 2001, 2002 and 2003, EB3 India and China were �current�. No body cared about filing EB2 labor certification till the later part of 2004. Most lawyers preferred to file EB3 as it was easy, and there were no difference between EB3 and EB2 at that time. First ever indication for EB3 retrogression was issued by DOS only in later part of 2004. I doubt so many people have filed EB2-labor till 2003, keeping in mind that EB3 will retrogress in 2004 or future. Traditionally EB2 has been less demanding compare to EB1 and EB3.

    2. Perhaps, there may be a huge demand by ROW (Due to PERM) to consume all the 86% of visa numbers in EB2 category in every month that prompts DOS to allocate only 7% to India and China. I doubt this too, because India and China itself consume about 60% of EB2 visas.

    3. There may be lot of EB3 Indians and Chinese with PD 2001 and 2002 porting their PD from EB3 to EB2 by filing new LC and EB2-I-140. This may escalate the demand. However, how many will do this? How many employers will to do this �favor� for their employees? A real US employer/big corporations will not do double time work for an employee. Only consulting/staffing companies will do this. I think this may be a small group (or may not be?).

    4. There may be another possible reason. There may be something wrong with U.S.DOS in allocating visa numbers in EB2 category, as per section 202 (a) of current INA. They may be issuing only 2800 (7% of 40,000) visas to India and China in EB2 and redirecting unused EB2 numbers to EB3 category. They may be imposing hard country cap in EB2 (Suspending AC21 law as per their VB Nov 2005). There is a large room for this speculation, due to the pattern of cutoff date movement in EB2 category. This is just a speculation. This argument/speculation is valid if DOS has issued less than 40,000 EB2 visas in FY 2006 as mandated by the law, and issued those numbers (40,000 minus actually issued) to EB3-ROW. In my view, it violates section 203 (b) (2) of the INA. One has to wait till they release statistics for FY 2006, to see how many EB2 visas are issued in that FY.

    Here is some detailed analysis that says why it violates the law.

    Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 203 a and b of the Immigration and Nationality Act (INA) sets numbers for each preference categories with in FB and EB.

    Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320. This section also explains how to handle unused numbers with respect to country quota.

    Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. Here is the section of INA before year 2000, describes how to allocate unused visas, if overall/total demand for FB an EB visas are less than supply*.

    INA 202 (a) (3)

    �Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a-Family category) and (b-Employment category) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter�.
    Therefore, the 7% country cap had always been �soft� till year 2000.

    After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.

    After 2000 (After AC21) the following law was added to INA in the section 202.

    INA 202 (a) (5) (A)
    EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.


    As per my simple interpretation of above AC21 rule, DOS should allocate unused visas by ROW �EB2 (ROW- countries other than India and China in EB2 category) for the first two months of any calendar quarter to over-subscribed countries (India & China) at the third month of that calendar quarter. They should not allocate to lower Preference category (EB3), if demand is more in higher preference category (EB2) to consume all the visa numbers in that preference category. They should allocate visas to all the documentarily qualified applicants in that (EB2) preference category, irrespective of country of birth. If they followed this rule/law, there may be a considerable movement in cut-off dates for India and China in Dec 2005, Mar, June and Sep of 2006 in EB2 (last month of each calendar quarter in a fiscal year). We have not witnessed such movement in last 1.5 years. No one knows how DOS is allocating numbers. They may be allocating only 7% visas to India and China in EB2 category very strictly, every month, and allocating unused numbers to EB3 category, by suspending AC21 law as indicated in their Nov 2005 Visa Bulletin. If they do so, it is against the law, at least in my interpretation of AC21 rule that eliminates country quota in EB categories.

    DOS can not interpret above AC21 rule that eliminates per country limit applies �totally� to all EB categories put together, not by individual preference categories. I.e. If they say they will issue more than 2,800 visas to EB2- India per year (more than 7% of 40,000), provided overall demand for EB visas are less than 140,000. If they interpret the law like this, then there is no need for section 202(a) (5) (A) due to AC21 law. The law before AC21 {i.e. section 202 (a) (3)} itself address the elimination of country quota in both FB and EB category*. Then, section 202(a) (5) (A) is a duplicate wording of section 202(a) (3). So, this section of AC21 law becomes a redundant/duplicate law. Then, there is no meaning of employment �preference� category if they interpret �totally or overall worldwide demand�. In other words, a non-Indian/Chinese restaurant cook (EB3) is more preferred than a NIW PhDs (EB2) from India or China. Is it the intend of the congress when enacting AC21 law in removing per country limitation in EB category? Is it the American Competitiveness in 21st century? I highly doubt that.

    Now it is the time to ask US DOS, how they are allocating visa number in EB2 category. If DOS interpreting the law differently, then we need to ask the law makers (Congress) what is their original intension behind the section 202(a)(5)(A) when they drafted the AC21 law in 2000 and how it is differ from 202 (a) (3).

    Perhaps Core IV team can initiate to discuss/consult this issue with an immigration lawyer and place an enquiry with DOS or Law makers, if needed.


    (*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)



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  • InTheMoment
    11-06 04:22 PM
    That was a good account for those who haven't been to an Infopass. The procedure is near about the same where I usually go too.

    I think that the AP info that you got is good...but the serendiptious (!) info of your and your family's NameCheck status bears good info/benefit in the longer term.

    As for the 4 months thing, she is right if we go by FBI stat papers and testimonies given over the past few years; but what I find most interesting is that 7 out of the 8 people who I personally know, and who filed with me in June still have their NC pending as of this week. That does not include me whose NC is pending for past 4.5 months (since my info was sent to FBI!).

    So the dataset is small but challenging. I am sure there are many like me. Wonder why I find many whose NC is pending in the 4-6 month range and very few (of the 68% - per FBI) whose have got it cleared in the so called 48-72 hours (after the info is sent to FBI) ! :confused:





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  • ek_bechara
    06-13 12:57 PM
    To what one member said. More than a 1000 hits and just 150 calls. All we like to do is sit on our fat asses and hope that something will happen. Stop worrying about what someone said about Einstein or Phd's. Use your day time minutes (1 cent/minute) and MAKE the CALLS.

    Stop the INTELLECTUAL MASTURBATION and DO SOMETHING for ONCE.

    CALL, CALL, CALL



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  • GotGC??
    04-13 01:06 PM
    As two of the more senior members on this forum, please set a good example for others...not this.

    Whatever dude!

    Don't vent your anger on me; vent it on the immigration system. Like you I also have a right to say whatever I feel. If moderators feel it is against the forum guidelines they can delete my posts or threads and I am fine with this. This is called discipline and respect for system and authority. We are using someone's property when we post on this forum. We do not own it.

    In your office do you ask your CEO/VPs to first send you a one liner explaination before he takes a decision on your project? Think about it





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  • nag2007
    10-11 04:43 PM
    There used to be a time when the ability to apply for I485 even during retrogression. was of the highest priority for IV. Now majority of the IV members (hopefully) belong to post I485 filing group. Now the amount of green cards for employment category, exemptions from quota for family members, US degree holders etc, and country quota may be the higher priority issues if one goes by the numbers.

    You mean to say that "Those who have EAD with PD 2006/2007" needs green Card and you dont bother about PD 2000-2005 from Backlog who never got a chance to apply i-485 ?

    Moral: Allow the people to suffer who are suffering and let others make merry(PD 2006-2007).



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  • chanukya
    06-03 05:39 PM
    Let's make it to Rank 2 or 3 in Batlle Royale.

    spread the word ....outside IV also....





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  • mhb
    07-06 06:48 PM
    PLEASE, GO TO WANDTV.com and the synopsis of the interview has been posted there. it will be broadcast nationally tommorow!!!
    wandtv is the local affiliate of nbc for central illinois



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  • SkilledWorker4GC
    07-08 04:07 PM
    Just to add to your description of indians, We have people like Bobby Jindal of indian origin who doesnt care about his own roots and his own people but would do anything for his own selfish political career.(Even change religon and change name). Shame on you Mr Jindal.

    Based on what Zoe Lofgren said in the video interview it is clear that no piece meal changes will be entertained. Courtesy of the media (read: Lou Dobbs) and the hispanic representation in the Congress/Senate any legal immigration effort is held at gun-point. In my opinion all changes will be rolled up into CIR, which may pass as late as 2010. Be it Obama or McCain, they have bigger issues to address before worrrying about immigration and that to legal immigration. Both have to live up to poll promises and immigration reform features only as a lip-service when both speak on the campaign trail. Bringing the troops home, addressing issues with economy, and solving the energy needs will be prioririty number one for the new President.

    I spent considerable time reading the last CIR proposal and it was clearly in favor of illegal immigrants. Restrictions on hiring legal immigrants and choking their talent featured at the top of the "to do" list for legal immigrants like us. I dont see much change in the next CIR. Few changes here or there but the word "Comprehensive" in CIR is reserved for illegals.

    Who is to blame? In my opinion, US. Not U.S but us (we the people). On one hand you observe legal hispanic immigrants and business fighting for the cause of their community and on the other we conveniently forget our community as soon as we adopt this alien land. I live in the Bay Area and boy have I seen the marathi mandals, kannada sanghas, TANA, AATA, BATA and God knows how may orgranizations that represent our fractured presence in this country. We have shamelessly displayed our differences based on cultural backgrounds/needs. Sardar Patel's dream of "Ek akhand bharat" (one united India) seems to reverberate only when India plays Pakistan in a game of cricket. I wonder if people such as Vinod Khosla, Vinod Dham, Arun Netravali, Indra Nooyi understand or are are atleast cognizant of the issues their community is facing. For a wild second, imagine the above four making a few phone calls. I bet the impact will be huge.

    Congratulating ourselves for small achievements and patting each other the back for things such as two year EAD extension, etc is great but the celebrations have to stop and we need to focus on CIR. Immigrationvoice is a great organization and I will not take away anything from it. That said, collecting a few hundred thousand, making phone calls, and sending flowers is going to do jack-shit. We need representation on the corridors of power. That's where the battle is.

    Finally anybody who calls the D.C rally a success needs to go easy on the weed. I was there and I can tell you, it was pathetic. Compare that to the L.A rally by the hispanic community. We can give a million explanations on why the D.C rally was under-represented. The bottomline my friends is that the L.A illegal rally got more coverage on CNN and the media, which clearly translated into a biased CIR.

    Lastly, please dont take a few lines from what I've written and display your rebuttal skills. Frankly, I give a rats ass on what you have to say.





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  • Sakthisagar
    10-27 12:21 PM
    Whatever you say man. i am with you. your are a genius.

    MC

    Only One Genius can recognise the Other :-):):D



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  • ramee
    07-05 01:23 PM
    Any one in the same boat?





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  • senthil1
    06-19 04:33 PM
    Do not care about the money now. Give 5k and file thro company. If you need any help from company for RFE or any other issue after filing gc then company will help for you. Because you are working for hourly paying 2 or 3k more than normal should be ok. Some of lawyers are charging more compared to normal

    I guess most of the folks here are busy preparing to apply for 485. I have different problem here.

    My employer's attorney is charging me outrageous fees of around $5000 to
    apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.

    Do I have any other options. How much do they charge usually.





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  • go_guy123
    06-24 12:23 PM
    No way CIR or any form of amnesty for illegal will happen in the next few year.
    Immigration is one thing where majority of Americans are united in controlling illegal population.

    It can pass Senate but House it will never pass.
    Moment CIR comes up, the right wing will arouse the masses. House members focus on more
    local issues and in many districts people don't want illegal amnesty or CIR. They want a crackdown.

    Democratic members in the House will never pass CIR against a Republican opposition otherwise they will pay a heavy price in the election.

    In fact democratic party was able to get the house by selecting conservation candidates in the
    conservative districts. That is was the Howard dean/Rahm Emanuel strategy. Select candidates who can win rather than candidates who are steadfast with core democratic party principles.
    Thus you have democratic party members like Jim Webb who are ardent supporters of the NRA
    (pro guns) in a state like Virginia.

    Lamar Smith, Zoe Lofgren, Xavier Becerra,Howard Berman, Lincoln D�az-Balart, Luis Guti�rrez, Nydia Vel�zquez,
    Adam Putnam, Anthony Weiner.....all run in Hispanic leaning districts and therefore want CIR. But Congress members
    from other districts cant support this.

    Senators support doent matter much because in the past (2006), it did pass the Senate but it dropped dead in the
    Congress.





    NKR
    06-02 08:45 AM
    Later my wife made me realize that family life is most important as long as we are together, country of residence does not matter. When our son was born last month, I truly felt 'damn GC'.. funnily got approved in the same week:

    Congratulations. I wish the baby all the very best in life. With regards to GC, yes, sometimes you get things when you are least expecting it.





    suresh.emails
    10-21 02:14 PM
    Hi All,

    Looks like there are interpretation issues for few IV members (I'm not against to any member or isolating any one).

    However, I have noticed interpretation issues in understanding a thread / posting for few members (based on their reaction).

    The way RED dots are given really pinches to the posting owner.

    My GC has been approved and I have not married yet. So I have posted my issue on thread and seeking helping from fellow IV members. I have received nice responses. I also have noticed the following comments on my control panel.

    Looks like, some members have serious interpretation issues. They all gave me RED DOTS.

    I really don't understand, why some one behaves like this when some one else has a real problem


    1. Not married yet. GC... 08-07-2008 07:05 PM GC and still complaining! great!
    2. Not married yet. GC... 09-24-2008 11:13 AM parying god won't help
    3. Not married yet. GC... 09-27-2008 09:43 PM backdating ur marriage date is illegal.


    Not only to this thread, I have been noticing since a year, few members comments are terrible. Those kinds of comments would not help and Demoralize fellow IV members.

    Some of them reacts and attacks the original thread poster. The answer posted would not even related to what original poster has asked for?. Don't know what people understand and what they post.

    May be, we have to do some thing in this cases.

    Ps: This is con traversal topic, See how others react based on their interpretation .