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  • RNGC
    02-19 11:35 AM
    Guys, this looks good. It is NOT for illegal aliens. Paragraphs (c) and (d) state that the alien must be admissible as an immigrant (i.e. not have broken the law by being an illegal), read paragraph (d) here:

    "(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status."

    Read the "or other law enforcement actions that would render the alien ineligible for adjustment of status under this section"....so, anyone who broke the law by entering the country illegally would NOT be eligible.

    So, stop sending those letters opposing this bill, and instead let's support it!!

    well said Jaime...We should support this bill..





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  • swissgear
    09-14 02:46 PM
    Well, I have not received RFE mail yet. I have changed my employer because our division was sold to Canadian firm and they moved everything to Montreal.

    After changing my employer (in June), I applied for EAD/AP and both got approved within 3-4 weeks w/o any issues/RFE.

    I have not filed for AC21 and used EAD to switch job. I think my previous employer might have notified USCIS about H1B case (as I had valid H1B too). Again as per attorney, it takes months if not year for USCIS to work on such notifications.

    I had travelled to India last year July and came on AP as I could not get H1B stamp in India. The US consulate took more than few months to approve the my application and by that time I had already come to US on AP as suggested by my employer's attoteny.

    As far as I know, most likely your RFE would be related to EVL, if you didn't receive it earlier. Also, if you changed state, and working on H1 or EAD, they are sending in a standard RFE like to describe location discrepancy and letter from Employer to state that they still support your GC as per the Labor and 140 application. Hope this helps!!! Good Luck!!!





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  • senthil1
    04-04 03:39 PM
    If number of H1b increases obviously waiting period will increase for GC. So H1b reform will be positive in multiple aspects

    1.It will satisfy anti immigrants and will give some kind of security to US citizens. There is no question that only new jobs that too no skilled worker is available in USA then only H1b should be hired. Even India we are rarely hiring foreigners in any company. Not only India any other country in the world does that(only when no personsare available they hire foreigners).
    2.If no of H1b decreases automatically waiting period will reduce as no of people applying are less for gc .


    And how does "reshaping current mad behavior of H1B application" help fix green card backlog. Circulating debate around H-1b is the favorite trick of large IT companies. It is also the favorite trick of anti-green card reform groups like IEEE.



    Just because the quota got over the first day it implies that the system is abused, right? Let me tell who is abused. People waiting for green card are abused. Not fixing green card delays and deliberately keeping the debate around H-1b is an abuse.





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  • Jaime
    09-10 03:05 PM
    You are grossly being taken advantage of - You just met an immigrant from a green card lottery country who applied for a green card over the internet and got it, thanks to the lottery. Good for him or her! But this immigrant has very basic schooling and is just now starting to look for a job in whatever. You, on the other hand, had to go through grueling interview processes at your current company and had to overcome many immigration process hurdles such as Labor certification, to prove that no American was available for your job. Even then, your green card is still many years away. Even with your U.S.-earned PhD or MAsters degree...and you may yet be laid off and forced to immediately leave the United States. If only you had been born in Iceland or Botswana or Kenya and won a green card through the USCIS lottery from an internet cafe in Nairobi!!!! No such luck though!



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  • BharatPremi
    03-17 10:35 AM
    EB3-India
    PD: July 2003
    EAD-AP approved, FP done





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  • GreenLantern
    02-15 08:30 AM
    I want to see how you would go about doing it in a 3D program though.



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  • Jaime
    09-10 04:00 PM
    Look forward to meeting you in DC!!!!!





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  • delhiguy
    07-04 08:03 PM
    Excellent

    I agree with you 100 % , I believe having excessive media coverage and lawsuits , would bring the GC number and process in the open , and most americans would oppose the GC as they oppose H1B.

    If i was a american i would surely be happy with USCIS/DOS creating so much trouble for the immigrants to my country , who i believe are taking my job.

    Everyone blaming CIS/DOS needs to understand some basics behind this mess. Before going to conclude anything, first, one should read all the ombudsman reports for last 3 or 4 years. Former INS or current USCIS�s functions and operations were not questionable and not known to public till ombudsman office was established. Ombudsman has helped customers and keep helping to improve efficiency of CIS. Ombudsman main concern (or goal) have been over the 4 years are

    1. Primarily reducing backlogs in any application type particularly 485 and timely approval of any application.

    2. Abolish the need for interim benefits like EAD, AP etc. If they approve 485 in 6 months, then most of us do not require EAD and AP.

    3. Reduce the wastage of EB visas, as unused EB visas can not be carried over to next year (use it or lose it). Since 1992, about 200,000 EB visas were lost permanently. In 2003 alone, they issued only 64,000 EB visas and lost 88,000.

    The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.

    The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.

    That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.

    Now lets come to July Visa bulletin mess.

    Because of tight holding of visa cutoff dates for EB3 and EB2 for the first 8 months of 2007 (From Oct 2006 to May 2007) USCIS approved only 66,000 485s. For the next 4 months they have about 60K to 70K numbers available. If they approve the pending 485s with slower speed or old cut off dates, there is a potential estimated loss of 40,000 EB visas by Sep 2007. Thats why, based on ombudsman recommendation, DOS moved considerably the cut off date for June. When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The �documentarily qualified 485 applications� mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card. Apart from 40,000 documentarily qualified 485 applications, there is thousands of 485 applications (documentarily not yet qualified) pending due to name check. When DOS checked with USCIS they found only 40,000 documentarily qualified 485 applications (in all EB categories put together) are pending. However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made �current� for all EB categories. This is how they determine �current� or �over-subscribed� and how they establish cutoff dates.

     If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered �Current.�

     Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be �oversubscribed� and a visa availability cut-off date is established.

    There is nothing wrong with DOS to make all categories �current� for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories �current� ie fresh guys entering into I-485 race. Because of �current� there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.

    For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.

    Therefore by making �current� for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.

    There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as �current� in June 13 and second is modifying VB only on July 2.

    My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.



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  • jprangi
    07-03 02:10 PM
    Hello All,

    This whole story is a mess. USCIS is very much wrong on what they did. We all ended up in spending hundreds of thousands of dollars and on average one week of time to file the application. Few people took off from their work to complete the application on time. Few people paid as much as $700 for medical.
    I have seen tons of blogs on internet and every blogs is talking about the same things.

    Even though there are hundreds thousands of people were suffered. I don't see a single line on any major new web website or TV news channels. I doubt if any senator even knows how USCIS has been torturing (emotionally as well as financially) good, educated, responsible, and legal residents.

    Dont you think its time to wake up and scream so loudly that these deafs can
    hear and feel the pain.

    Dont you think its time to help yourself. Forget about your employers, its not in their benefit to fight for you.

    Dont you thinks its time for US citizens to know what their great US govt ( lovely responsible senators) are doing for legal resident. They are working hard to make illegals (out of them so many are criminals) legal. Giving hard time to legals.

    Dont you think its time to tell every one that what can happen to America if we go mad and do system maintenance by running the command "rm -rf /*"

    MAY BE ITS THE TIME TO COME ON ROADS IN LA, Chicago, NY, and Washington DC.
    Its time to tell them that we can do it and we can do it very hard.
    Its time to stop beating around bush and do something useful.

    Just some thought..

    -JP





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  • arnab221
    09-26 09:39 AM
    This is bad what has happened. They need to be educated about the protest.

    Is there any email address to the CNN editor? I can writeup a message about this.


    You can send the message to editor from the message itself . We should all do that and educate them about what we really need .



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  • saurav_4096
    07-15 10:10 PM
    Somehow I have feeling the case in this thread in more fake then real...

    :rolleyes:





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  • tikka
    07-03 09:37 PM
    In all 400$ to date.


    so much for your contribution...



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  • WeldonSprings
    08-27 12:20 PM
    Also, don't you think that 20000 CP numbers would be included in the monthly numbers or are the monthly numbers just AOS numbers?

    There are few issues

    You have missed 20k annual CP cases
    The acceptance rate of I-485 application (big unknow) would change the number a lot.


    July was a slow month but August was big mover so 11k visa is just too low for this period.





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  • GCBy3000
    07-24 12:01 PM
    You signature with "Saved by IVs efforts" looks good. Could you update your signature with contributions also. Thanks.

    I see that USCIS release a press release on 7/20 and it says the time complaince for Nebraska Center is 8/1. Does it mean that July 2nd filers will get receipt by 8/1 ( i know i'm expecting too much from USCIS)... When can we expect the receipt notices.. I guess i'm a bit nervous now..



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  • deepimpact
    09-10 01:53 PM
    If USCIS wants to do another JULY 2007 they never learnt their lession. With the Quarterly/annual quota I dont think USCIS legally can make EB2 current. I hate another JULY 2007 for sure.

    They can make a category current when Demand < Supply. So once all I-485s prior to 2007 are approved the monthly demand data they publish will show demand Prior to CY2011 = 200. So unless they use approved I-140 to determine demand , DOS will make the dates current(even if for 1 month). As long as USCIS uses pending I-485 data to determine demand, the July 2007 fiasco will keep on repeating every 3-4 years. The key here is to have USCIS provide the actual demand (people with approved I-140s). It was mentioned somewhere that the current USCIS database is not capable of sorting the I-140s by country of chargebility and hence the I-140 data can't be used to determine per country demand.





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  • makemygc
    06-10 06:40 PM
    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
    As far as I know L1 has no affect on the H1 filing. She can come US on L1 and if her H1 gets approved, she can continue to work on L1 with company A. To tranfer to H1, she has to go out of US and then re-enter after getting H1 visa stamped. This is based on my understanding and few of my friends who have done that. They were in US on L1 but filed their H1 through another company.



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  • Canuck
    02-14 08:15 PM
    maybe there is no divide and rule - but definitely when they thought of country limits - they must have debated and come to conclusion that there should not be domination from one country (as one country people can become powerful - demand more etc) .so in a way it is divide. but in this age - country limits dont make sense. the problem is laws dont change easily.

    Of course they thought about that! They don't want too much of one ethnic group, which is why they apply per country rationing for EB immigration, which is completely discriminatory and flies in the face of basic employment laws.

    If they are too worried about voting blocs, they should then implement a system whereby, no more than a certain percentage of green card holders in a given year from a certain country of birth can become citizens. Personally, I could care less about voting, I just want the ability to have my green card on a shorter time scale!





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  • hopefulgc
    07-28 01:37 PM
    religion was the vehicle invented to mobilize people into groups, sects, splinters, what have you. religion divides us and makes us all weak.

    God ... whether its mine or yours...we respect
    religion ... whether its mine or yours... not so much



    Would you be offended if your parents picture is put on a toilet paper?

    Afterall they are just your body's parents, and you use toilet paper for your body. But God is the supreme parent of everyone.

    Do not just pass comments on Gods of any religion just because you do not have the ability to respect other's faith and feelings.

    A lot of you will go and thank God once you get your greencard or blame God if your dates do not get current. But you do not fail to make a mockery of religion or other's faith. Be a good human being first before you claim to be best and the brightest or highly skilled person.





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  • GCStatus
    09-17 10:57 PM
    If you don't like my rant stop reading it. What the hell is 'born thinking america'. Why do you rant about GC then? Why do you care being on this board? You go get a life. I never compelled to comment on my rant? Did I? You must have gone crazy


    when did i rant..haha, its funny when people are cornered they talk stuff which arent even relevant

    you crack me up, no offence





    varshadas
    02-05 05:46 PM
    Hello All,

    Congressman Ferguson has agreed to meet at 4:30pm this Friday, February 9th, 2007 in his district office. The address is:

    45 Mountain Blvd.
    Building D, Suite 1
    Warren, NJ 07059

    Let me know who all can make it. I think I can accomodate 3 more. I have to check the fax I sent him.

    Thanks,
    Varsha





    kutra
    03-03 06:51 PM
    Some of the data can be obtained from here
    http://www.foreignlaborcert.doleta.gov/pdf/PERM_Data_FY07_Announcement.pdf

    of course it is not complete but gives a good glimpse.

    Now, you show me your 10 billion dollars :)

    My 10 billion dollars can be found here: http://www.prankplace.com/funnymoney.htm :D

    BTW, your PDF is data for people who filed under PERM in 2007, and not for the audience you are including in your letter.

    Anyway, I am going to stop playing devil's advocate and let you manage this. Just make sure you don't invite unnecessary attention by asking outlets to come peeking here.



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