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  • same_old_guy
    07-09 04:38 PM
    newbee7 is right.

    Either the security clearance/FBI name check was COMPLETE or NOT. There is nothing as "would-be-done-shortly-for-sure" !

    Bottom-line, if it can be proved in a court of law that USCIS approved cases without security clearance, there is a solid ground for the suit. It's against the law and it undermines the national security concerns.

    Second, USCIS working in bad faith when they rushed to allocate all the quota just to avoid new I-485 applications. It clearly has "intentional" written all over it.

    Third, I saw somewhere an excerpt from INA law that there is a limit on how many visa number can be allocated in a month. As per that clause, USCIS broke the law.

    Fourth, there is a solid ground to sue USCIS for the expense to say the least. People has to pay a whole lot of things including lawyer, medical, photo etc. Time and effort spent on that is no less.





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  • gimmeacard
    07-13 05:08 PM
    hoping we dont see another retrogression





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  • kondur_007
    04-10 10:28 AM
    Does anyone have numbers for spillover last year category wise? I mean, last year how many EB4, EB5 and EB1 left out visas got spilled over to EB2? Thanks...

    Here are the details for last year and years before:

    (Thanks to user "sangiano" on : link: FY2009 Visa Data, Spillover to EB2 - Will it be Similar FY2010 (http://www..com/usa-discussion-forums/i485-eb/498198953/fy2009-visa-data-spillover-to-eb2-will-it-be-similar-fy2010))

    Employment Visas 2009

    Total Employment Visas for FY2009 = 141,020

    Theoretical values without spillover

    EB1 28.6% = 40,332
    EB2 28.6% = 40,332
    EB3 28.6% = 40,332
    EB4 7.1% = 10,012
    EB5 7.1% = 10,012

    Actual values with spillover

    EB1 40,978 = 29.1% received c.650 spillup visa used
    EB2 46,034 = 32.6% received c.5,700 spillover visas used
    EB3 39,791 = 28.2% received c.550 less visas than quota
    EB4 9,999 = 7.1% Zero spillup visas to give
    EB5 4,218 = 3.0% c. 5,800 spillup visas to give

    What is noteworthy is the fact that spillup/spillover visas were only available from EB5.

    In addition, EB1 actually consumed spillup visas and did not contribute any spillover visas as a result.

    This implies that the total spillover visas available to the 7% limited countries was only c.7,500. Since 5,800 came from EB5, less 650 used by EB1, this gives a subtotal of 5,150. In turn, this implies that there were only 7,500 - 5,150 = 2,350 as spillover from EB2-ROW. In the worst case the difference is entirely from EB5.

    I think it gives food for thought and shows the difficulty of trying to second guess visa consumption in Categories that are always current. I accept it might be easier to get a handle on non-NIW EB2 because of the PERM data available for ROW.

    I'm not sure why FY2010 would be much different, at least for EB1 spillover.

    Additional notes from subsequent posts:


    There was significant spillover in FY2007 because (based on 154,497 total EB visas) :

    EB1 only used 26,806 out of a possible 44,186 available visas.
    EB4 only used 4,794 out of a possible 10,969 available visas.
    EB5 only used 793 out of a possible 10,969 available visas.

    That gives a potential spillover of 33,731 visas to categories below EB1. In FY2007 that mostly went vertically to EB3.

    There was significant spillover in FY2008 because (based on 162,949 total EB visas) :

    EB1 only used 36,590 out of a possible 46,603 available visas.
    EB4 only used 7,648 out of a possible 11,569 available visas.
    EB5 only used 1,443 out of a possible 11,569 available visas.

    That gives a potential spillover of 24,060 visas to categories below EB1. In FY2008 that all went to EB2.

    The amount *was* smaller in FY2009 because (based on 141,020 total EB visas)

    EB1 used 40,978 which was more than the available visas of 40,332 (i.e. it used some of the spillup from EB4/EB5).
    EB4 used 9,999 out of a possible 10,012 available visas. (i.e it pretty much maxed out)
    EB5 only used 4,218 out of a possible 10,012 available visas. (i.e. much higher than previous years)

    That gives a potential spillover to EB2 of 5,161 visas, which is substantially lower than previous years.

    This is all his analysis based entirely on historic data (no predictions here; just what has already happened). All credit of analysis goes to him. I never crunched a single number; I am just an "integrater" of the info. Please also note that now we have found out that the word "spillover" should actually be "fall across and down"

    Hope this was the info you were asking for.





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  • ronhira
    03-12 12:37 PM
    I made it very clear even in past. I am more rational kinda guy. I want to know where my money is spent at high level - no details. I know its against IV policy. So I admire what IV is doing, I appreciate donor only forum but not contributing yet. May be I am wrong being too hard to be convinced. I will think over.

    n.b.: Yes, I do follow all action items including calling and faxing. I think everybody does this so needless to mention.

    u would think..... that everyone follow action items...... then y would we be in this mess if everyone is doing what they should......

    i think greyhair, you, kumarc123 are all part of the problem...... let me re-phrase that.... u r all a disease plaguing this eb community...... everyone has their own little petty reason for not participating...... so just eat taco with u'r $25, no need to think over.... keep volunteering me for doing things for u.... i don't care much for this bickering back & forth.... so leave me alone & let me enjoy my friday....



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  • akilhere
    10-11 12:44 PM
    Received email about change in status to 'Your Case Status: Request for Evidence Response Review'. USCIS should have received it yesterday and today it changed to response review.

    RFE email: Sept 10, 2010
    RFE received by attorney: Sept 21, 2010 [Civil Surgeon was not in current list of authorised civil surgeon + x-ray report was missing]
    Reponse to RFE sent on : Oct 05, 2010 via USPS
    Soft LUD/email: Oct 07, 2010 @10.30PM PST [Your Case Status: Request for Evidence Response Review]

    feedfront

    I got an RFE on my 485 on Oct 6th. But I haven't received the letter yet. But, since my TB test turned positive and I had to take an X-ray, I'm wondering if I would get the same RFE on my 485 too. I haven't changed employers nor had any H1B breaks in my 12 year stint here. So, I'm wondering if it would be the same RFE as yours.
    In case of an X-Ray missing, couldn't we contact the doctor's office where we did our tests and ask them to mail it again? Or should we do it once again now? I did my tests in 2004, so I'm not even sure if they have copies of my X-rays with them.

    Please let me know.

    Thanks,





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  • srkamath
    07-12 08:26 PM
    This part is self-explanatory. It seems that USCIS made a list of all the applicants to Jul 08, 2007 by setting PD to Jun 01, 2006.

    Documentarily Qualified might possibly imply:
    .. Medically OK
    .. FP and Name Check OK
    .. Everything in application is consistent (e.g. DOB, Name, Kids, Spouse)
    .. Requires No RFE
    .. Requires no interview
    .. Just requires GC (Visa) Number

    My 2 cents input
    Thanks for your response,
    I did some more searching on the DQ issue... it seems like it is a term applicable only to consular processing. When a visa applicant has responded to something like an RFE by sending a form DS2001 AND has cleared all background checks - he/she is called "DQ".

    The equivalent for AOS cases may therefore be
    - Completed and signed I-485 + Fees
    - All initial evidence sent such as medical etc.
    - Background checks cleared (or 180 days have passed)
    My guess is DQ does not mean pre-adjudicated (I hope so...)



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  • bheemi
    07-02 07:32 PM
    WHY funds man..Please concentrate on something else instead of working on this lawsuit. It is waste of time I think..This is my openion.

    Ask funds for some other work but not for lawsuit..





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  • sanatshah
    08-10 02:52 PM
    Count me in.



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  • gcdreamer05
    03-09 12:41 PM
    by the way shusterman predicted ROW will retrogress in his blog found at shusterman.com there was also an IV post about this (abbout somethin like shusterman got a call from clinton or something)..........

    so what happened to the quareterly spill over ???????????





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  • dixie
    12-28 08:26 AM
    Just transited through hong kong on Cathay Pacific. No transit visa required -Whats more they even gave me a 2 weeks visitor visa to take a tour of HK - my layover time was more than 6 hours.
    God Bless Asian countries :

    Singapore - Never heard of transit visa
    Bangkok - Never heard of transit visa
    Seoul - Never heard of transit visa
    Tokyo - They may introduce it soon as they think they are western country



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  • crazyghoda
    01-30 03:17 PM
    Ok now I am very very confused :confused:

    Your statement mentions that the 485 does not cover out of status from last non-immigrant visa entry to 485 filing. I have always been working during that time. No issues. After filing 485, I exited and reentered twice using my H1. Last entry was in March 2008 I think. After that, I changed employers using AC21 and got my H1 transferred so I was still on an H1 status. Finally I departed the US in Dec 2008 for vacation while still on H1 status with an active job. I got laid off while I was out of the US.

    Now, at that time I had a stamped H1 as well as an AP. I could have used either. However, I felt that using the H1 would be wrong as I no longer had a job with the H1 employer. So I decided to brave the secondary inspections and entered on AP. Since then I have been looking for a job.

    My question is - Is the time I havent been working considered as Out of Status?





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  • Dhundhun
    01-19 11:22 AM
    Very interesting. When we applied for 485/EAD/AP, our lawyer specifically asked for color passport copies of the first few pages. I went ahead and made copies of all pages. Am I in trouble?
    Lawyer may be more knowledgable, but here is pointer to User Manual.

    http://www.brother-usa.com/ModelDocuments/Consumer/Users%20Manual/UM_MFC_9840CDW_EN_1034.PDF

    Read page number 106 (Legal limitations for copying).

    After reading manaul and knowing that kinko prohibits such copying, there is some fact in it. It may happen that color copies of documents in some countries are not allowed, but for some other countries, they are allowed. I am an engineer and I don't have more information (pointer to sections of legal books).

    Since I make copies at home, I follow user manual information. If my Lawyer asks such thing, I would show him the information and ask for clerification. If he overides, by give me clauses and sections, I would't hesitate for him. Laws keeps on changing.

    This talks about passport: http://www.ehow.com/how_2038717_plan-any-type-trip.html
    This talks about drivers licence in NC: http://ncsu.edu/student_affairs/legal_services/faqs/alcohol-laws.php

    There is some discussion here http://boards.immigration.com/showthread.php?t=129660



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  • nixstor
    07-05 01:05 PM
    Who ever started this website should know that they are limited by the contributions from IV community. And we can only go so far in getting those contributions.

    Instead of making this a paid site, why don't you create incentives to be 'contributing member'

    > Publish a list of paid members and highlight their contribution and even sort them by total contribution. And mention 'anonymous' for those who don't want to be identified.

    > Sell T-shirt with IV logo. And mention that 50% of the cost of T-shirt goes to IV fund. This works in two-ways, we get money and we get publicity.

    > I don't prefer this but - create contributing-members only email-distro, or thread or section in the website.

    RK,

    Limited contributions is not equal to no contributions. Limited contributions from every one weill make us stronger.
    Its not about getting extra privileges for paid members. No one (atleast me) wants a red carpet treatment her for paying 20USD. Its about fighting for a cause together. I dont think I need to underscore how Barrack Obama raised 32.5 mil USD. Most of us want to be future Americans right, if not all. I guess you should take a moment to consider the importance of contributions in the US of A





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  • amitjoey
    01-02 04:14 PM
    Is there any way to find out the number of members in IV. I talked about IV with a lot of my friends and 6 of them have become members. It would be nice to know the number of members in IV just like we know the Percentage of Target Met for $ contributions.


    From Pappu's post- total Members till now 7,921.



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  • joeshmoe
    08-16 02:30 PM
    Gurus ...

    How do you know if your namecheck is done or not? Can you just call USCIS and ask???





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  • sanjaymm
    10-29 01:43 PM
    I have mailed a notorized letter. I have also forwarded the link to other friends who may have missed this action item.
    Sanjay



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  • GCVictim
    07-23 02:55 PM
    my lawyer also told same thing, no need employer letter for 485.
    Only I submitted letter for LC and 140 only.

    So, according to my knowledge no need of employer letter





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  • digmetalq
    04-07 06:35 AM
    The POE issue must be taken seriously, God forbid if you have family emergency, and you are on H1B, will you take the risk and travel, and even if you have to when you return you realise that your employer says that he has qualified US citizen from programmers Guild to replace you.





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  • vandanaverdia
    09-10 03:16 PM
    You have to think twice before you travel out of the country. You cannot travel out of the country freely because you are stuck at some or the other stage of the green card process.





    starving_dog
    07-24 09:44 AM
    This thread started just over an hour ago. The IV Core Team have full time jobs, families and competing interests. One of them will surely see the thread and comment in due time.





    boreal
    04-22 01:54 PM
    Decipher and GSC999 have totally contradictory opinions . Not sure whom to believe here .:D . There seems to have been 2 sets of opinons here of the members who attended the rally.

    Oh well!! Some things are going on in the background too and i was one of those ppl that shifted from the first group (disappointed) to the second group (optimistic) after talking with Aman. So, if you are not sure which group you are falling into, try calling someone in the core group.



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