Friday, June 24, 2011

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  • Legal
    06-12 02:00 PM
    This is my thought process (also referred by Ron G):


    July 2007 brought in approximately 500K 485 cases.

    We do not know how many cases were pending as of June 2007.

    Fiscal year 2007-2008 USCIS used over 140K EB VISA numbers (I think it was around 155K).
    Fiscal year 2008-2009 USCIS will use atleast 140K EB VISA numbers

    so, 500K - 300K = 200K.

    Assuming USICS approval rate is 85%; 75K of 500K are denied.

    200K - 75K = 125K EB cases pending from the July 2007 cases.

    Additions: from all current categories - may be 25 K in 2 years?

    So, 150 K plus whatever that was pending as of June 2007.

    So next fiscal year, 2009 if USCIS uses the quota 140 K, most or all of the 2007 filings will be cleared. If not EB3 I, definitely EB2 I and C, EB3 ROW will be cleared.

    Depending on new filings, EB3 I might retrogress but retrogression might come within 3-4 years instead of current 8 years.

    I strongly believe, beginning Jan 2010, dates for EB2 (I and C) will move forward heaps and bounds followed by EB3 ROW.

    "Law is an ass".

    One potential loophole (I realize it could be wishful thinking on our part) is how the current law is interpreted. Let's say USCIS interprets the current law in such way that preadjudcated cases have to be approved before taking in new cases, then the country cap hurdle could be overcome without legislation.

    With the current economic situation, tightening of PERM, etc new EB-2 row applications are likely to slow down further. At the most, new approvals will have to be delayed by 12 months or less.

    Could it be legally challenged? Could someone bring a lawsuit to force USCIS to stop issuing GCs to people who have been waiting 10+ yrs or more? possible. I doubt anyone can force them to cancel the already issued GCs.

    Then USCIS could say they have enough preadjudicated cases, and are not able to adjudicate until they clear the backlog.;)

    For the politicians and USCIS this is a much better way to handle India EB backlog than to "issue several hudred thousands of foreign laborers immigrant visas when American citizens are losing jobs in millions" through recapture bill.

    I feel like I just wrote a short story.:)

    Members, feel free to comment.





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  • sammyb
    08-27 04:11 PM
    Last year when I converted my out of state DL to a NYS DL, the DMV gave me a 5 year valid license (expiring on my DOB on 5th year i.e. in 2011) but on the fornt of the DL mentioned in BOLD RED the epriery of my I-797 date as 'TEMP VISITOR EXP.'.

    So guess I am good till 2011 ...





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  • kiran_k02
    08-03 01:53 PM
    Let us say USCIS has unused visas, which they want to allocate and they have moved cutoff dates to Jun, 2006 for EB2, similarly Sep 03 for EB3.

    My question is, will the visa issuance would be in the order of Priority Dates? or Notification Dates? Recently there has been lot of pressure on USCIS to issue processing results based on Priority Dates, will this force USCIS to correct its ways and issue visas based on Priority Dates.

    I might have digressed a little bit on the topic of predicting cutoff dates but this question is lingering among all the IV folks who would be current or already current.





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  • h1techSlave
    07-23 10:50 AM
    I know my lawyer had sent all our cases to NSC. But did NSC send any cases to TSC?

    PD : March 2004
    Category : EB2
    I140 - Approved
    I485 - Filied on July 2 10.45am



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  • nixstor
    09-15 03:16 PM
    Buddy Reddy,

    While I am happy for you and your success along with your spouse, I personally consider it as being at the right time in right places making decisions that were in your reach. I do agree that you did lot of planning. Most of the people here run on one income and spouses on H4/F1. So they dont have the edge you had/have. I might sound harsh in saying this but the matter of fact is that the 2 incomes lead to savings which lead to buying a home(s). 1 income, you wouldnt have done all these by yourself. I know several people with 2 incomes and most of them have done this :) Those who havent were the kind of folks who are happy having their 100K in bank rather raking up 200K in equity. I am sure there are a lot of things you can do with a US Citizenship.

    IMHO, you are succesful in your own way depending on the situation you were in and how conducive the circumstances were. I feel that this forum is totally going in a direction where people are seeking some sort of solace in discussing stuff that doesnt directly relate here. Now that all of us had discussed about what we can do with a GC can we streamline our effort to what we can do to get a GC.





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  • jessie1981
    06-18 02:57 PM
    Simple answer is NO. The local offices do not have this authority. Just have to wait for the USCIS wheels to move along at their own pace before you can travel.

    This is not correct. If one can prove that his/her family member is dying or just died, he/she can get an AP from local office immediately.



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  • reddy2cool
    09-29 05:00 PM
    There are 3 work categories,
    at least 3 queues each for three stages.
    the first queue had at one time, rir, regular and then bec, perm added to the mix.
    EB portings.
    07/07 havoc
    name check delays.

    a single queue at the end.

    bottomline, PD monthly graph is arbitrary.
    if your PD remains current for at least three months in a row and everything else is clear, there is good chance you are out of the pipeline.

    Excellent point. I think it would be almost impossible to predict an exact number since people would be in and out of the line becz of above factors but atleast they should be more reasonable than from all current to all na to 06 to 03....





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  • dressking
    10-13 10:47 AM
    The party was mostly good. I only regret that sometimes, I could not hear what people on the other side of the table were talking about. The room was too dark and not quiet enough. It might have been better if we had a round table.

    The most important thing is that we need to come up with an action plan after the meeting. We were not just having fun. We had some serious discussions on various issues.



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  • hebbar77
    09-11 06:54 PM
    I bought one in 2004 , but in india !
    Here I enjoy the freedom and savings with renting the apt for a small amount... I can drive across the country anytime if I want to ...
    My personal opinion buying a house =a h1b visa 10 years must have/keep job. This will be different for dual income folks.





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  • paskal
    10-04 11:11 PM
    i hear there will be a special dance performance by the chapter leader...not worth missing :D



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  • legal_alien_007
    07-09 03:30 PM
    I agree. There is no point in this. I am really afrid that we are moving away from core abjective of IV. why we are getting inthis fiasco, there is no value in this

    Please explain why?? We are still working towards our/IV's common objective.. just in a different way...





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  • pbuckeye
    04-19 02:16 PM
    What can Obama do when most of the Republicans are dead against the immigration reform. They didn't allow their own party president to pass the CIR. Do you think they will allow Obama to do it?

    That's the difference, "comprehensive reform". a lot of republicans will actually support EB immigration. Its time to stop blaming all republicans and time to find EB immigration allies on both sides of the aisle.



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  • ultimo
    11-04 12:12 AM
    all the options said here are the best & legal . but i will tell you one thing .
    if u know any indian grocery near by they deal money also . u can pay the money to thier people in india & they will give it here taking 1 or 2% commission . but u should know the people , otherwise they will cheat





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  • mhtanim
    10-25 10:11 PM
    Are you serious lawyers suggesting to return GC?

    I think there was one case that I saw at Murthy web site where the guy went backhome and got married. Came back and found that his green card was approved while he was in his home country and before the wedding took place. Interesting part was that his PD was not current at that time. Because of the situation, he couldn't bring in his wife in H4 anymore.

    The lawyer recommended him to return his GC as it was mistakenly issued by USCIS. Lawyer had to deal with USCIS and returned the GC.



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  • lazycis
    12-06 07:55 PM
    Has anybody filed lawsuit against uscis for EAD delays till now ? And what is the process for this, do we need a lawyer ?

    You do not need a lawyer, I can guide you thru the process :) Yes, I know a few cases where plaintiff requested court to force the USCIS to issue EAD. Some people were waiting more than a year! Those cases were usually bundled with I-485 WoM. One case is well-known class action lawsuit Ngwanyia v.Ashcroft, No.02-CV-502 (D.Minn.). Government promised to issue EAD within 100 days for the class.
    http://www.ailf.org/lac/lac_020905.pdf
    However I think you better of waiting 90 days from the receipt date and then requesting EAD on infopass. Lawsuit is not a speedy process, the government has 60 days to respond to your complaint and that's not the end of it.





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  • qasleuth
    05-07 01:03 PM
    Get a sense of humor, dude ;)

    here's one suggestion for you dude, display the same sense of humor at your place of work (crack a joke about Africa/Africans and how we all came from them) and come back and tell us if you still have a job....and then tell us which region you are from and then somebody will display their sense of humor by giving you a regional slur....



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  • pd_recapturing
    12-29 11:06 PM
    Please ignore if it has already been posted. This article looks interesting considering the current economic and immigration situation

    http://online.wsj.com/article/SB123051100709638419.html





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  • snehaledu
    04-16 12:26 PM
    And the point of this entire thread is?????
    Start investing money in India.
    r u IV Policeman? Can I see your badge?





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  • Almond
    01-02 07:47 PM
    Thanks Almond. At this point, I am hoping USCIS will at least allow me to change jobs (remember - I am on 7th year H1b - approved I-140, did not apply for I-485 due to retro). some members here said this is possible and some other members said I cannot do this. so I am confused if I can do this or not. If at all USCIS lets me do this, it would be great if I can find a new employer who can do EB-2. I am praying to God to help me while I try this route. I am not asking too much here... am I ?

    No, not at all. It's perfectly normal to want to advance in life and to want to move on to better things. I think the best thing to do right now would be to go for a consultation with an immigration lawyer. Or, if you cannot afford it maybe you can schedule an InfoPass appointment and ask the rep there what your options are. But I'd say a lawyer would be the best option.





    sunny1000
    10-09 08:16 PM
    Congrats to President Obama.

    But, I don't personally agree with the selection committee's decision which suprised everybody including the President. The peace prize should go to someone who have had a track record for working towards achieving peace or the greater Good. They never gave one to M.K Gandhi who deserved it more than anybody in this world.

    Make no mistake, Mr. Obama is a messenger of peace but, the fact is that he has been awarded prematurely for something he is yet to achieve in terms of ending the wars, ending nuclear armament, mid-east peace agreement etc (even though I think he will do so in the future).

    The peace prize should not be an award for someone's intentions but for someone's actions that follow the intentions.





    chanduv23
    07-09 12:03 PM
    We will have to wait and see how effective this will be, going forward.



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