Monday, July 4, 2011

Garland Final Fantasy

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  • h1techSlave
    07-17 10:07 PM
    Years we have been told priority date establishes your place in the queue.

    We have spurned job offers and declined the new PERM process to hold on to the priority dates.

    Many are still awaiting labor certifications from the backlog elimination centers. Out comes USCIS and says everyone with a LC can file I140 & I485.

    People still waiting for LC with priority dates in 2003-2004 are seeing applicants who have priority dates as late as 2007 but with approved LCs through PERM walk through to I485.

    Net result, USCIS is going to be flooded with applicants enough to retrogress the priority dates 3-4 years back as early as september. (Everybody with a LC will be able to file for I485 in July). So applicants with priority dates of 2007 are going to get EAD and GC, while LC backlogged 2003 applicants to have to wait for another 3-4 years before they can even file I485.

    Aint fair. Aint fair at all. How can this be. How can rules be changed in the middle of the game.

    My case was stuck in BEC for a couple of years and was cleared some time back. (Disclaimer).

    But I totally sympathise with you. A few of my friends are still stuck in BEC and I feel very bad that I am moving forward even though my PD is newer than theirs.

    I believe this issue can be very easily resolved with some kind of grassroot level push from all of us, lawyers and law makers. If USCIS can process 50,000+ applications in a matter of days, what is preventing another govt. agency from processing a similar number of applicants in a couple of weeks? Only thing is that they all need to be made aware of this injustice. I believe this is the next agenda that IV should take up.

    I am going to send a PM to IV core regarding this issue. Any one else with me on this?

    Cheers,
    h1techSlave





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  • srikondoji
    04-11 09:40 PM
    Thank you guys...........





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  • StuckInTheMuck
    07-30 03:54 PM
    Either Hurricane Dolly knocked off their server (as one TSC CR told someone here), or $340 for each application is going somewhere else instead of improving USCIS infrastructure.





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  • purplehazea
    05-16 11:49 AM
    I sent you a private message. Check your messages.



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  • pappusheth
    08-05 11:56 AM
    I'm in the similar situation as indian111.

    I filed for my wife's EAD in the late May (e-file TSC).
    Receipt date is May 29th.
    Soft LUD on June 6th
    FP done on June 21st

    no updates, no changes after that. there is no LUD after FP. It's been 66 days since filed. Does any one know if I can take Infopass appointement before I complete 90 days of pending status and see what's going on? Or do I have to wait until 90 days are complete? any experiences?

    pappusheth





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  • gr_b
    04-08 05:01 PM
    Have u got any updates on ur application?They have mentioned "three weeks" as the standard time frame on the website....i guess yours has been there for three weeks.....have u heard anything from them?

    I'll get more details tomorrow. They still didn't find my application...today one agent told me that she will do the research and get back to me.



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  • Meenal
    09-21 03:43 PM
    I am sure a lot of volunteers shed a few pounds. beenwaiting shouldn't feel bad that you missed your gym on the last two days. See see another advantage of being at the rally... (unless ofcourse you loaded up on the reception desserts like me ;))

    And thanks Ann Ruben!!

    Believe it or not I did lose couple of pounds - next time, I will get my gym buddies to the rally :)

    Meenal





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  • trojan
    05-03 04:13 PM
    This is the email I got:
    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Your Case Status: Decision

    On May 2, 2011, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.


    During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.



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  • gk_2000
    09-29 05:55 PM
    Doctors are EB2 and EB1.
    They are not EB3

    Even Physical therapists are EB2.

    EB3 are low level/entry level programmers or skilled workers with with undergraduate degree or diploma degree holders that use education evaluation service to prove that their diploma is equivalent to an undergraduate degree.

    Now some of you will say you have masters degree and still are EB3. It does not matter if you have a undergraduate degree from IIT or Harvard and have MBA from Harvard. If your job needs only undergraduate degree your master degrees are useless. You are working in a wrong job and overqualified for your job. You should look for another job that needs your american masters degree. Some will say that their lawyer filed in EB3 even though they qualify for EB2. Now that is also a wrong excuse. If your lawyer and HR screwed you, it is your fault that you could not stand up to them. It is not USCIS fault.

    News: You make no sense. Why don't you get out of here back to your asylum?





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  • jsb
    04-16 09:57 AM
    This is very interesting data. Pending 485s = 593937!! and number received in Feb = 38,663. To simplyfy assuming 600,000 pending and 38,000 new per month. Which means they get 456,000 apps per year. The total quota of Family + EB + Lottery + Refugee + Special = 226,000 + 140,000 + 55,000 + 90,000 + 10,000 = 521,000.

    So if all green card apps were on equal footing and were always allocated it would take more than 9 years to clear the pending applications. But we all know that that is not the case so it might be 10, 12 or 15 years before the backlog is cleared and that would the best case scenario. This means retrogression will only get worse.

    Perhaps, you missed a zero. Broad calculations as per info given by you, suggests 1 year to clear, not 10 years. However, most of the unusual delay for retrogressed countries is due to per country limit coupled with the fact that most of the applications are from a handful countries. This results in non-retrogessed cases clearing less than a year, but retrogressed apps have to wait for several years. This is topped by non-availability of PD's of applications in system readable form (PD's are nowhere written but the paper applications), resulting in guess work (and back and forth cutoff date movements).



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  • gdhiren
    09-20 11:53 AM
    Dhiren - your baby is a hero before he/she is born - Kudos to your wife for doing the 2 mile walk - I know how it feels to walk with a baby - we are also in the same boat :)

    I had been talking to Sivakanth and he told me how yourself, Arun and all your DC gang worked tirelessly

    YOU GUYS were EXCELLENT and WONDERFUL

    All this shows how much has gone into this rally and planning. This will give a sense of what it takes to achieve something that is phenomenal in nature.

    Yes, we can achieve GROUND BREAKING results with folks like you

    Thanks. I missed you. I think I should have seen you but can't remember. Since morning at least 10 people who i have talked to from Tri-State area asked me if I know where is chanduv23? they just wanted to see the great motivator like you. Please point me to the picture where I can find you. Your posts on the IV forum have been an inspiration for lot of folks. It takes people like you to form a group of wonderful hardworking folks.





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  • shreekarthik
    02-02 08:46 AM
    I think the thread should stay open so that members that do not visit this site regularly know the truth.
    .
    www.immigration-law.com has now retracted his statement this morning. He maybe following our website and giving updates.

    When our members posted this yesterday, some of our members started accusing IV core of not knowing anything and indirectly saying that they are not doing the job right. Now we have seen that IV core team responded to the thread quickly and gave us the correct answer even before anybody else on the internet could give. That itself shows how much these core people are working hard. It is us that are at fault by not helping them.They are doing all this with the support of mere 200 members that have contributed. I think it is our responsibility to contribute even without their asking us. Let core team do their work and we can all support them from outside.

    Great job IV.

    I wouldn't pass such judgements on immigration-law.com. They've acknowledged the mistake. It's not like no one makes any mistakes, it's how they acknowledge and move forward.



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  • veda
    08-12 04:30 PM
    What are the other remedies?





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  • nixstor
    01-13 10:21 AM
    chintu25,

    I did not ask you to explain any thing to me. You needed to make a good argument on why this idea can channelize negative energy into positive and what are the risks involved. What can any one infer when you end your post with "Now lets play"? You might not have intended what it meant but it can mean different things to different people and I guess you would agree that there are people who think as I do about day trading. Please do not guess my knowledge of day trading and what it is limited to. Your initial post does not underscore the risks significantly. IMHO, Day trading fits a specific set of people who can not only handle the risk but also can handle the stress. Your feelings might be different. How ever, some one else pointed out the research done on day trading.

    While I appreciate your noble intention to channelize the negative energy, the potential risk of getting a double whammy (immigration + stocks) needed to be underscored and I think did that. I will leave it there and do not want to take this discussion further on my opinions about day trading and it's nitty gritty.



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  • BharatPremi
    10-15 12:24 PM
    Gonna be a long long long wait for people with PDs of 2007 (EB3) who got their labor certified after July.


    Yep. It would be good for EB3/2 - India-PD 2007 filer considering canadian immigration simultaneously...ofcourse do not rush now for filing Canadian PR - As Canada generally gives you PR witin 2 years and by that time 2007 filers may not have passed FBI check for their 485 here..If the way things are going I see at least 5 years wait for 2007 (India)filers.





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  • diptam
    06-26 01:45 PM
    Lawyers are making good money - they are intimidating everyone who wants to file on their own !!!

    My company asked me for a agreement to give me the letter - that agreement is also crafted by a Lawyer - Business everywhere !!


    And I got this reply :

    See, hear that ? "NO WAY FOR USCIS". Now, I dont know why some lawyers are spreading this nonsense that "BEWARE, USCIS will stop accepting new petitions if they receive 'too many petitions'. What is 'too many ??? Who defines 'too many'? Is 'too many' defined as the time when the mail room clerk gets back pain from lifting boxes of petitions ? Or the guy printing 485 receipt notices gets carpel tunnel syndrome ?

    PLEASE PUT THIS IDEA TO REST. USCIS WILL ACCEPT PETITIONS THRU JULY 31, NO MATTER HOW TIRED THEY ARE AND NO MATTER HOW SICK THEY GET OF SEEING 485 FEDEXes COMING IN DAY AFTER DAY AFTER DAY. GOT IT ????



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  • Ramba
    09-25 05:25 PM
    No. It was changed in the middle of 2008. The DOS consulted with the Congress on this and came to the conclusion that there should be horizontal spillover before vertical. I don't want to go into whether this was right or wrong, fair or not. This is the current policy.

    You can see ample evidence in the annual visa allocation once you compare 2005/2006/2007/2008 allocations. EB3-ROW and EB3-ICMP benefited till 2007 because of vertical spillover and EB2-I & EB2-C have been the beneficiaries of the horizontal spillover policy since 2008.

    It is not the policy of DOS or USCIS to follow horizontal or vertical spill over. It is law. Both federal agencies (DOS and USCIS) has to obey the law by strictly following what INA section 201, 202 and 203 says, irrespective of how the law is unfair to any catagory. The law is very clear about spillover; it is horizontal. One has to read word by word in the law book to understand how the allocation of EB visas are made.

    If DOS properly followed the INA as amended by AC21 act in 2000, EB2-I never retrogressed since year 2005. EB2 I might have been always “current”. EB3 including ROW might have been much worst situation than now. EB3-IN would have beeen (always) be in disaster state since 2001. Though it is unfair to (EB3) many, this is what the law. Here is the historical events what happened in EB catagories.

    In later part of 1990s EB categories were retrogressed for IN, CH by about 2 years. When AC21 law passed in 2000, it did two very important things. One recapture of about 216,000 EB visas and it removed country quota in each EB category if excess visas available, in that category. That means it enforced horizontal spill over. In simple example, consider Mexico which is most subscribing country. Lets assume in a fiscal year, 40,000 Mexican are eligible for EB2 visa(and no other citizens in EB2), and millions of Mexican eligible for EB3 and in family based categories, still DOS should issue 40,000 (100% not 7%) EB2 visa to Mexicans irrespective of how much demand in other categories. Because of tons of backlogs in 485 (between 2000 and 2004), particularly in EB3, DOS issued about 185000 (out of 216000) to EB3. That’s why EB3 was current between 2000 and 2004. They simply ignored the EB2 demand by India and retrogressed in 2005, though total demand for EB2 less than the available pool of recaptured visas. Since the year 2007, they realized the mistake and now (since 2007) they are following correctly (though may not fair to EB3) the law. If they follow correctly the law, EB2-IN, Ch will become current soon. Till all EB2 become current, EB3 never see any spill over. Till EB3 –ROW become current, EB3 IN will not see any spill over. Till that point EB3-In will get only 2800 (7% od 40,000) EB3 visas per year.

    EB3 folks should thank to DOS for misallocation of EB visas between 2000 and 2006, particularly between 2004 and 2006. Now they are exactly following the law book. As title of this thred eays IV help or heavy lobbying is need to change the law to bring back vertical spillover, to ease the EB3-IN clog. They need to work hard.





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  • vxg
    09-03 03:51 PM
    I was able to talk to a very nice IO at TSC. He even offered to check where my file is and no wonder it is not assigned to an IO yet. He placed a request for file to be assigned. He also told me that case is preadjudicated. Not sure what to infer and how useful these requests initiated by IOs at TSC are as last week when i spoke to TSC the office told me that he is initiating a request to send me second FP notice but this officer said no need for that as FP are current but need uploading in system, he said he is issuing another request to upload the biometrics as well ( i did FP in NOv 2007). NO idea how will it go but case not assigned to an IO is not a good sign, will still hope for best.





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  • akshayhere
    04-01 01:16 PM
    Hi,

    I don't understand why this event is on week day. I am sure if it will be on Saturday or Sunday then you will see thousands of people participated in this event.

    Thanks,





    styrum
    04-18 03:17 PM
    My last one filed on April 2. In "Process". Whether filed onlined or mailed, PERM is processed by DOL federal centers in Atlanta and Chicago, as far as I remember (mine went to Atlanta -the number starts with "A). Why is the guy talking about particular state? Only PWD is acquired from the "state workforce agency"( the actual names differ between states).





    PlainSpeak
    03-24 01:47 PM
    Me toooo :D



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