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  • shreekhand
    07-09 06:47 PM
    Remember this is internal DoS regulation and not a US Code or Law. They can change at any time and way they want to.

    The whole law-suit is essentially about hardship caused to applicants in multiple dimensions with a sprinkling of violation of law (info on which is still quiet hazy )to give some back-bone to the argument in the law-suit!





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  • ak27
    01-03 11:35 AM
    Hello Everyone,
    Wish all of you very happy new year. So far, we have only six members on group. If I may have missed anyone, please send me an email ajay1857@gmail.com.

    NJ chapter must be largest... Let us make it..

    Thank you..





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  • saketkapur
    11-11 02:12 PM
    Compete America Congratulates President-Elect Obama

    Last update: 4:31 p.m. EST Nov. 5, 2008

    WASHINGTON, Nov 05, 2008 /PRNewswire-USNewswire via COMTEX/ -- Business and University Leaders Express Optimism that New Administration will Support Much-Needed Reform to Visa Programs for Highly Educated Employees

    Compete America today congratulated President-elect Barack Obama for his victory in yesterday's elections. Compete America, a coalition of corporations, educators, research institutions and trade associations advocating for the reform of out-dated visa policies for highly educated foreign professionals, did not, and does not endorse candidates at any level.

    "We are optimistic that the President-elect and his team understand the critical importance of highly educated foreign professionals to economic growth and job creation. Investing in innovation is one of the most effective ways we can stimulate our economy," said Robert Hoffman, Vice President for Government and Public Affairs at Oracle and Co-Chair of Compete America. "History has shown that top talent living and working in America is a boon to our economy and a proven job creator for quality American jobs."

    Hoffman continued by saying that Compete America was also encouraged that President-elect Obama recognizes the importance of investment in research and supports improving education for science, technology, engineering and math (STEM). Basic research investments and improved STEM education are two critical components of continued U.S. innovation leadership.

    Hoffman noted that during the campaign, the Obama-Biden policy paper on Science and Innovation stated the following:

    Barack Obama supports comprehensive immigration reform that improves our visa programs to attract some of the world's most talented people to America, including improvements in our legal permanent resident visa programs and temporary programs such as the H-1B program. Obama will:

    Reduce the backlog of skilled immigrants waiting to become permanentresidents by increasing the number of employment-based visas.
    Create a "fast track" system that allows foreign students thatreceive advanced technical degrees from U.S. universities to receive an employment-based visa without having to return to their home country.
    Balance visa and export control policies against the possibility that they deter international scientific exchange or send a message to international students, scholars, scientists, and engineers that theyare not welcome in the United States.
    Work to ensure immigrant workers are less dependent on their employers for their right to stay in the country and hold accountable employers who abuse the system and their workers.

    For more information on how highly educated immigration benefits America, please visit http://www.competeamerica.org.

    Compete America ( http://www.competeamerica.org) is a coalition of corporations, educators, research institutions and trade associations concerned about legal, employment-based immigration and committed to ensuring that the United States has the highly educated workforce necessary to ensure continued innovation, job creation and leadership in a worldwide economy.





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  • optimystic
    10-16 12:47 AM
    Thanks to IV Core and Nixstor in particular for following up on the FOIA subject that has been brought up in several threads over the past couple of weeks (including one by me as well !) and take this up as an action item and providing guidance for the IV members on how to do the same.

    I did not realize it was this simple! Will surely send the letter by this weekend.

    Btw, How will we receive the receipt numer?? Are we supposed to attach a return (prepaid stamped) envelope or something?? Or we will just get a letter from the National Center after they receive our request?



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  • unknown123
    12-10 08:38 PM
    With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.


    Boss EB3 to EB2 porting is only possible, if you qualifies for EB2.. so what's your problem anyway





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  • hara_patta_for_rico
    07-09 07:05 PM
    I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.

    DOS Reg 22 CFR �42.51:

    (a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
    (1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and

    (2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.

    Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf


    Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?

    Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?

    PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)

    Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.


    Clause B is not the only thing. In any quarter they are not supposed to issue any more than 27% of 140,000(100%) = 37800. according to Clause A. After June 15th they issued 140,000 - 66000 = 74000. What about the last quarter quota of 37800? Where did it go? It was not supposed to be used before July.



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  • boreal
    07-13 01:56 PM
    I'm sure most cases have recd at least a computerized review by now, many of the LUDs are for fingerprinting, name checks, change of processing centers etc. Yes there is definitely activity.
    However, it does not mean that all pre Jun06 cut-off cases have been pre-adjudicated.

    I agree. Infact my application hasnt even been touched once (July 2, RD), no soft LUD either, even after FP .. makes me believe that there might be other applications out there too that have never been touched so far..so we cant assume that all the cases prior to July 2007 have already been pre-adjudicated, just because the processing-dates at NSC say July 2007. I think the processing dates reflect only those cases whose PD was current when the processing-dates timeframe came out. We will know more accurately when the processing-dates are updated next month. If the processing-dates, even after next month's update remain at July, 2007, then we can probably assume that our cases have already been pre-adjudicated. (still makes me wonder how that can happen without any soft LUDs at all, but anything is possible). I will keep my fingers crossed and hope for the best.





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  • nomi
    12-12 04:31 PM
    Yes, we do listen - Fixes based on your comments

    While we will not respond individually to your e-mails to us, we do read - and act - on them. This page will show some of the issues you have raised and solutions that we have instituted in response.



    November 15, 2006
    Administrative Appeals Decisions

    These decisions are currently unavailable on the USCIS web portal. We expect to have them re-published by November 30.



    --------------------------------------------------------------------------------

    November 8, 2006
    I-LINK Materials/INA/8 CFR/etc.
    While these legal materials are available (including the redacted Adjudicator's Field Manual). They may experience intermittent problems. If you try to access this material and see a blank page, refresh your browser. The page should appear. Please note: the redacted Adjudicator's Field Manual is a very large document, and may load more slowly than other legal materials.

    Policy and Procedural Memoranda
    These are being republished now, and should be complete no later than November 9.

    Broken Forms
    We are receiving a number of comments from you that a particular form is corrupt or somehow not working. If this happens to you, please let us know the following details:

    The form you are attempting to download
    What version of Adobe Reader or Acrobat you are using
    What browser and operating system you are using (e.g., Firefox 1.x and Windows XP)
    This will hopefully help us nail down the problem. Thank you




    --------------------------------------------------------------------------------

    November 7, 2006
    Missing I-600A Form
    Replaced the form Nov. 6

    Immigration Statistics
    If you are looking for the immigration statistical reports we published on USCIS.gov, they can now be found at www.dhs.gov/immigrationstatistics. Or click the related link "Immigration Statistics" on this page.

    Case Processing Times
    If you are looking for the listing of processing times for particular application or petition types at our regional and district offices, you may find it at the related link "Case Processing Times" on this page.



    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f55cc2e9bb6be010VgnVCM1000000ecd190aRCR D&vgnextchannel=7220c9ee2f82b010VgnVCM10000045f3d6a1 RCRD



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  • gcdreamer05
    03-19 07:29 AM
    This is the power of Immigration Voice. Not everyone has the knowledge of all these situations, so we need to gain knowledge from the past experience of others.

    I am sure thread's like this will help a lot of people who have plans to join few Full Time Employees who promise but cannot keep it up.

    Please continue to share...





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  • valuablehurdle
    02-10 07:38 AM
    I also have Continental Airmiles that I can donate. Please PM me if anyone is interested. I will be driving to DC myself since I am just 4 hours away.



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  • GCScrewed
    07-04 11:06 AM
    Paskal,

    It is possible that EB1 C might become unavailable, because you might be looking at it more closer than I am. But I still find it hard to believe that an MNC will just create a phony Managerial position for every Joe Bloggs, an abuse similar to Labor substitution and satellite offices in states where labor processing was fast etc. Lets say an MNC really promoted some one to a position that qualifies for EB1, moves him out and moves him back, it is still by the book and can't be compared to labor sub, which were sold for money. Labor sub by itself is NO crime irrespective of what we think. The rampant abuse of it caused the demise. Same rule applies to some one who goes out and comes back as its all by the rules and no abuse is involved. In responding to the OP, My intention was to say that MNC's do not go to such an extent of creating a Managerial position that do not exist or have an employee do the same work in the name of managerial position. Some companies might have abused it in such way on few occasions, but thats definitely NOT a practice as rampant as Labor Sub's once was. If that were true and as easy as depicted, A lot of people & companies would have done it, by now. We don't need to teach the gamers. They are a step ahead in getting things done, if there is a way.


    Given the severe backlog of EB2 and EB3, some people will find ways to outsmart the system so that they can get the greencards sooner. If those loopholes are not plugged now, it will make a mess just as Labor Sub once did.

    I think we should pursue a goal that benefit everyone in the backlogs... not just a specific types, say I, C vs ROW; EB1 vs. EB2 vs. EB3; STEM vs. Non-STEM; Schedule A vs. Non-Schedule A; Healthcare vs. Non-Healthcare; IT vs. Non-IT. The only cause which will get everyone on the same page and therefore is worth pursuing is to recapture unused #s so that all people in the backlogs can go through the pipeline quickly. Of course, all the government agencies, esp. USCIS, must be held accountable for processing cases in a consistent and orderly way. This may be another goal IV should pursue. Just my opinion.





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  • gc28262
    04-10 10:04 AM
    The biggest surprise is EB3 Mexico. It just turned to U. How is that possible??
    Can this happen to EB3-I India as well??

    In April bulletin EB3 Mexico was at 01-JUL-02. Mexico used up all its quota and turned U. That means there were lot of applicants whose PD was before 01-JUL-02.

    As for India EB3, same logic applies. Right now India EB3 is at 01-OCT-01. If there are enough people with PD before 01-OCT-01 to use up the quota, it can turn U in the next bulletin. Otherwise it could inch couple of weeks forward.



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  • logiclife
    01-15 11:55 PM
    Immigration Voice is starting a feature for recurring contributions per month. You can sign up for $20 or $50 or $100 contributions per month and a secure paypal transaction will deduct this amount each month and contribute to Immigration Voice.

    The question is, why should you contribute and what are the stakes? We have seen no reform from congress the entire year of 2006, so what is the point now? These are the questions, right? Is it even legal? What is the oversight of funds?

    I will try to answer all these questions below and if you have more, please feel free to ask over the phone or on this thread.



    1. Is it legal to contribute or participate?

    Yes. Absolutely. We have seen that reason as a number one fundraising killer. Everything done
    by immigration voice is absolutely legal. See more here: http://immigrationvoice.org/index.ph...43&Itemi d=48 (http://immigrationvoice.org/index.php?option=com_content&task=view&id=43&Itemid=48)

    2. Is the money well spent?

    Most of our expenses account for lobbying fees. This is a non-profit and
    no one here is out to make money. Everyone here running this is a retrogression/backlog victim. See the bios of
    members and founders here: http://immigrationvoice.org/index.ph...57&Itemi d=49 (http://immigrationvoice.org/index.php?option=com_content&task=view&id=57&Itemid=49)

    If you still have questions, call us at 850-391-4966. We would rather have you call us and question us rather than not call and not contribute. We are not here to run a scam. This organization is registered in New Jersey, and the non-profit tax status is pending with IRS.

    3. Is it worth it?

    Well, do you want a greencard in this life-time? Yes? Then its worth every penny of your contribution. Otherwise you are wasting your time here on this website.

    4. Why cant big businesses, corporations contribute here or lobby on their own?

    Well, do you want to wait for someone to help you out? What if that does not happen and legal immigration reform is dropped again? Do you want to risk it? If you do then you are wasting your time reading this.

    We are trying to get corporate sponsorship for this effort but cannot completely rely on them.



    5. Why lobbying?

    We cannot cannot cannot in a million years do this without lobbying.

    We have retained the help of professional top firm in Washington for our advocacy efforts in Washington, DC. The firm has a strong reputation and value-added experience to help us achieve our goals of solving the backlog and retrogression problems.

    Working with professional advocacy group(lobbying firm) is only one way we are advancing Immigration Voice’s goals. While we are advocating for reform on these important issues in Washington, D.C., we need your help now more than ever – and you can help us in your city.

    6. Why me?

    Well, if you are here checking this website everyday, you are just about as worried about your greencard as the next guy who contributed. If you think that "Others" will contribute and reach goals, that is very unlikely to happen. If it does, and you see this org succeed without your contribution, then congrats to you. But then, for every member or visitor of this website who read forums everyday, wishes good luck, prays for success of Immigration Voice and DOES NOT CONTRIBUTE $$ thinking that "One non-contributor will be barely missed" we have a potential contribution not coming. And that is a majority as of now. Out of 8000 plus registered members and hundreds of more visitors, less than 2000 have contributed.


    7. What's to lose?

    Well, make a $50 contribution/month and that's one month's cable. Make it a $100 and that is 3 dinners outside with your partner. Make that $200 and that is one long weekend out the window. Is that all too much to lose compared to potential failure of immigration voice in raising funds?

    Think about all consequences and make up your mind.

    That being said let me sincerely thank people who have
    already contributed and also mention that a handful of contributors have made over
    $1,000 contributions or more so far in cash on top of volunteering time and effort.

    Let's begin contributing...Click here (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25)to sign up now.

    Advantages of Monthly recurring contributions for the Organization:

    With recurring contributions, Immigration Voice can plan and make a budget for the advocacy efforts in advance before the actual resources are needed.

    Payments are secured thru paypal. You can stop the recurring payments at any time in future by simply logging in into your paypal account and stopping it. Once you signup, all the details of your recurring payment would be sent to you in email by paypal so that you can save it for your records.

    Payments are processed by withdrawal of funds from your chosen credit/debit card or paypal account once each month.

    Please sign up and strengthen our hands. Click here (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25)to sign up now.

    The goal is to have a total of 2000 contributors for recurring contributions in the next 1 month. Trust me, this is not difficult given the numbers we have even today. 8400 members, $ 200,000 raised so far. We can do much much much better than that.

    However, do the math. Some people have contributed more than 500. That
    means that with 200,000 coming from 1800 members, some have contributed
    nothing. Well, I understand the fears and apprehensions people have with new
    organizations asking for money and I am going to address all those
    questions and answer them one by one. So that the only reasons left after
    that for not contributing would be excuses. (unless you have another question...in which case, call us at our number 850-391-4966)

    Thanks.





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  • vgayalu
    07-25 12:12 PM
    Dear Friends,
    What is availability means available for persons applied before cut of dates? or not at all available like present Eb2.
    A Person can apply only when visa's are available. For example right now there are no Visas for EB2. So no one can apply for I 485 under EB2 category. But when visas are available like EB3 why do not we apply. Cut off dates are USCIS created ones for their work conveninece by allowing few applicants . It is not law. There is no such hard and fast law stating that the applicants having priority dates before cut off dates can only apply for I 485. Just USCIS can issue a Circular to allow I 485 against to visa dates.
    If it is really a law then they should say aome thing about the method of calculating cut off dates.

    Why do not we write atleast a letter to allow to apply I 485 when visas are avaible by ignoring USCIS defined cut off dates.
    Please discuss with senior attorneys and DHS and DGS officials.

    With regards,
    vgayalu



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  • meridiani.planum
    03-03 01:36 PM
    I just sent a request to CNN to take a look at this thread. A formal letter may be sent soon. So please continue to vote and participate.

    whats the point? 33 out of 23000 members have voted. Any result here is well beyond all statistical margins of error. Unless atleast 5000 people vote, this poll has no point. The mathematicians among us can derive the exact number, but participation has to be much greater than 33 if this has to be representative of the IV membership.





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  • ps57002
    09-10 07:53 PM
    2 sites reporting that the bills were marked up....

    http://blogs.ilw.com/gregsiskind/

    http://www.immigration-information.com/forums/showthread.php?t=6221

    so is it true that they are now going to go to the floor????



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  • franklin
    06-08 02:48 AM
    FBI security clearance has been a blackhole with many people stuck in it without having a hope of relief in sight.Everyone might have tried the senetors, congressman, snail-mails and Faxes but of no use.
    How about the following new methods:
    1. Send a collective petition, A common letter requesting FBI, president with the details of all those stuck in the process.
    2. A letter to the news channels.
    3. Web fax to the senators/congressman

    Please share your ideas.

    I would actually also suggest requesting a meeting with both senators and congressperson in your area, rather than sending a webfax.





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  • amslonewolf
    10-15 08:56 PM
    I am all set, just need to drop it in the mailbox..

    This is the easiest campaign and hardly takes more than a couple of minutes..

    Just do it..





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  • aps
    08-09 12:20 AM
    :rolleyes:I mailed my I-485 application on July30 and it is delivered on next day.
    My lawyer send me the I-485 froms before the july 30, 07 y revision and i used those forms for filing. But, FAQ3 released by uscis today states that we have to use the form version dated �7/30/07 Y�. . WHAT IS THIS? Do i have to resend the application again? More over i do not see difference between these two forms.

    I have copied the question from faq3. It is the first question.
    Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
    A33: The current I-485 form version dated �7/30/07 Y� should be used.

    Please explain if you have any idea about this.





    ras
    07-12 11:38 AM
    am still unclear. Does it mean those who have PD prior to Jun 06 will get their GC? I cant believe it.

    At the personal end, I have my GC filed with Dec 06 PD. However, I have a previous I140 approved with Sept 05. I was thinking about porting the priority date. If I port it now will I get my GC based on the previous priority date?

    Ofcourse I dont intend to port it at this point of time because am planning to get married in another 3-4months. so can you guys let me know what would be the best approach. Is it porting the previous priority date now or wait till getting married and then port it? In such case will the spouse be eligible to file for 485 when it is current. am confused.





    mlvats
    06-10 06:23 PM
    Friends.

    My wife is working with a company "A" in India and have filed for H1 through a company "B" in USA.
    Currently she does not have any VISA.


    Can her current company "A" apply for L1 and she can come to USA on L1?
    And suppose she can come to US on L1 through company "A", What happens if her H1 gets approved through Company "B", Can she still continue
    working for Comapny "A".?

    Thanks in Advance.
    -Moti