Friday, June 17, 2011

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  • rc0878
    03-19 03:24 PM
    Let's hope the following happens....coz EB3 seekers like me are also waiting for a long time.

    May be I am not aware, say the dates move to 2005, then whoever has a PD till 2005 and has a pending 485, is bound to get GC approved, or incase the dates move back, then he/she is stuck again?

    RC


    Not only EB2, EB3 India also will move to April 2005, atleast for couple of months before this FY ends, to use the 140K numbers.





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  • GC20??
    07-12 03:52 PM
    Visa Bulletin for August 2010 (http://www.travel.state.gov/visa/bulletin/bulletin_5092.html)





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  • FinalGC
    07-13 08:27 AM
    Hi,

    Can you point me to the source of the above? The reason why I ask this is because my priority date falls between March 01 and 07....So near, yet so far!

    Thanks,

    March 1 is NOT included.......See attachment Page 1 paragraph 5....

    The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.

    Hopefully next round of spillover buddy....hang in there...:-)





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  • alterego
    07-14 09:37 PM
    The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.

    I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
    The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
    If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
    If as the poster above said the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
    The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
    I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
    Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.



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  • mp70
    01-18 10:12 AM
    I have been visiting this forum for a while now. I appreciate all the efforts being done by the Core team. I just signed for $20/- recurring contribution through paypal.

    MP70





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  • nixstor
    10-16 05:59 PM
    I personally think there is a possible ambiguity in the request (especially since we are dealing with a government agency). So we should probably bullet point the data we need at least and if people don't think there is any harm in putting in a table for the format of data needed that will make things very clear. I agree with you that breakdown of quarter/month is probably not needed and might actually hurt our chances of getting the answer within reasonable amount of time.

    Hear ya. Even though its repetitive,for the sake of clarity and to avoid ambiguity/frivolous answer, I have updated the document in google docs and the attachment by one of our other member prabhu.

    Thanks for your feedback.



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  • MDix
    03-10 01:37 PM
    This is turning out to be TRUE.

    Past week, I made this comment and some people made fun of it. But, it's turning out to be true. They are now fully focusing on EB3 and I think they will continue to do untill they finish all Eb3. Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB. They don't have to make EB3-ROW current to give some spill-over to EB3-I. What ever will be left at the end of quarter will be spilled across EB's.


    I am expecting lot of REDs on this one.

    Thanks,
    MDix

    That is not true, my lawyer who is very influential and he has some good contacts he told me that this year spill-over would be different form last year. I was stupid so didn�t believe him about July 2007, and paying it for now for not having EAD.

    I know this is hard to believe especially if something comes from lawyer.






    Thank's
    MDix





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  • rpulipati
    10-31 10:18 AM
    This poll people are the most affected in the retrogression and I can see that 700 people has voted so far.

    Official number may be much large, x2, x3 or x10.

    Without no law change, we will be here for years to come.

    Support IV.



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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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  • immig4me
    02-11 08:57 AM
    /\/\/\/\/\/\



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  • webm
    04-24 11:53 AM
    Thank you all for the warm response. I appreciate it and wish the same for absolutely all of you. I hope my heated discussions with various officials about TSC's lack of action will clear some logjam for everyone else who is current but still waiting.

    Thanks much!!





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  • DallasBlue
    09-11 10:29 PM
    The Govenors are on our side! There's thousands of us with may reasons why to attend, but here's a very important one:

    This is for YOU! Only for YOU! YOU deserve this! That's why we want to see YOU in Washington! Help yourself!!! YOU have earned the right!!!!

    Thank you Governor(s)!!

    Congressmen/Senators please do what the nation's leaders are are asking you for a long time.

    Jaime, Guess we may have to organize a walk to Crawford ? what do you think ?



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  • Googler
    02-20 02:54 PM
    I'd posted elsewhere about my Feb 13, 2008 conversation with the DOS official who sets cutoff dates:

    And then there this piece of info from Ron Gotcher posted on Feb 14, 2008
    http://immigration-information.com/forums/showthread.php?t=4285
    "Last night, at a meeting of the American Immigration Lawyer's Assocation Southern California chapter, Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:

    In April, India and China EB2 will be set at 12/01/2003
    EB3 for India and China will slow down for the rest of the fiscal year."

    I am riveted by this because I spoke to Oppenheim just the day before this meeting (he referred to it). This was the conversation in which he told me that at present EB-2 India would only get numbers leftover from EB-1 India -- the problem is he doesn't know either exactly how many EB-2 India adjudicated applications there are in any specific PD range -- so every month he makes wild guesses, with the intent of using up visas. So I guess at least as of 2/14/08 he thought moving the date to 12/1/03 would more than mop up whatever was leftover from EB-1 India. Given the end of the FBI boondoggle (the effects of which have not been quantified by Oppenheim or USCIS) I'd predict that even a date in early 2002 would be good enough to mop up. Let us see if he changes his mind by mid March.

    But his statement at the AILA meeting has been bothering me so I talked to him again today. Here is what he said -- that he is considering not only the EB-1 India excess, but the entire EB-1 worldwide excess being given to oversubscribed EB-2! I asked him about his earlier statement and he said that he had had a chance to look at the numbers and determine that unlike recent years EB-1 worldwide is not using numbers up at a rate that would max out EB-1 usage. BUT. He is waiting for USCIS to give him an estimate of the number of EB-2 India applications that would become eligible if he moves the cutoff dates up to 12/1/03, he will set the date ONLY after he gets that data and determines that there won't be too many within that cutoff date.

    I also asked him to confirm that he was relying on his interpretation of Section 202(a)(5) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe) of the INA in order to proceed with this spillover. This is his current interpretation of that section -- spillover from EB-1 to EB-2 IF there appears to be a worldwide excess in EB-1, when there is no worldwide excess in EB-1 then country specific spillover for example, from EB-1 India to EB-2 India only etc. In past years like FY06, EB-1 ROW was looking maxed out, so barely any spillover from EB-1 to oversubscribed EB-2.





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  • wonderlust
    09-19 10:00 PM
    I TOTOALLY AGREE. WE NEED TO HIGHLIGHT THAT WE ARE LEGAL. WE DON'T BASH ILLEGAL IMMIGRANTS, BUT WE CAN EMPHASIZE OUR OWN LEGALITY!!

    I like LIV.ORG. Live and let live!!

    Wonderlust




    I was there and I am proud of our ImmigrationVoice members for this FANTASTIC effort!

    1. We must immediately change our name to LegalImmigrationVoice.org( LIV.org)...But still Immigrationvoice.org should work....This should be done ASAP...like within next week...Please conduct a poll for this ASAP.



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  • chanduv23
    10-29 11:45 AM
    Come on folks - we need requests in large numbers or else our campaigns will fail. Let us not be victims of our own inaction.

    Please send in your requests.

    This is a very serious action item and IV is working extremely hard in the background





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  • calgirl
    07-12 04:55 PM
    Where does it say in the bulletin that it will move in the next bulletin?

    QUOTE=sammas;1968386]Sorry to say this but 1st March is not considered. Hopefully your PD will be current in next Sep 2010 bulletin. Good Luck![/QUOTE]



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  • kanakabyraju
    07-13 07:29 AM
    All right I am current again..exactly after 2 years

    So I am having the butterflies in my tummy with nostalgia of my nail biting thriller during 2008 July-Sep bulletin, where I got royally screwed.

    mwuahhhaaaa...c'mon..come to papa now :D:D

    tick..tock..tick..tock :rolleyes:

    You really made me laugh. Thanks





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  • snathan
    03-30 04:06 PM
    Did you read undocumented guys are trying to push their cause and by putting legals aside, which the goverment seems to be hearing. What makes you feel we must wait.. Just because you cannot contribute anything except for yourself. .People waiting for close to 10 years are usually in a position to create value and they are tied to this backlogs. We know EB2 is going at some pace.. How much time do you think is needed for EB2 to be in bin, into the same state as EB3 is in, right now.

    Yes...Mr.Suriajay. No matter how many Ids you are coming with. I am not going to let you go until you post your forgotten $50 check. What happened to that check





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  • luvschocolates
    08-20 09:59 PM
    I received my RFE today and I am totally shocked and in a state of panic because they are asking for a lot of things to be submitted in 30 days and there is absolutely no way at this point that I can get $1000 together for the I-485 Supplement A form, PLUS the money to see a civil surgeon for a medical exam. Those are the two most important forms they are requesting but there are still 3 more forms aside from that. I am also required to show evidence of valid entry which I don't understand. When I came here, I was engaged to be married. I had only my birth certificate and driver's license when I went through customs in 2003. I was not required to have a passport so I have nothing at this point to show them. How do I deal with this to show I did not enter the country illegally? I did not marry my fiance in the end, but I did acquire employment with his relatives and I am still with them. I take care of a disabled person in the home and there is no way they will accept another person at this time. Not after 6 years. This is like family to me now and I can't just expect someone to take my place and do what I do. It doesn't work that way. We already went through the process of offering this position to someone else who was born and raised here and nobody wanted the job. We had one phone call over a 3 week period and nothing came of it. I do not receive monetary wages, I get room and board, therefore I do not have the money I need to submit this supplement A form and the people I live with are not able to just toss out that kind of money either. They also want me to submit evidence that I have maintained non-immigrant status - what the heck is that? I have filed every application that they have requested until now - nothing was ever said about this non-immigrant status stuff. I am confused and totally at a loss.
    I am outraged that after not hearing ONE thing from them in over 2 years, that all of a sudden I am supposed to come up with all this stuff, hand over money I don't have and still not be assured my green card.

    I was never aware that I had to submit an I-485 Supplement A form - why? Why has no one told me about this before now? I never saw one thing on the I-485 form that I filled out that a supplement was needed. I was not told I had to see a civil surgeon to submit a medical exam and any CS available is 4 hours away in any direction after checking out the list on the USCIS website. The household I live in is not able to just up and go whenever USCIS demands it and they are making our lives very difficult right now.
    How do I handle this?
    They say I have 33 days to get this cleared up and without employment for wages, this is impossible. Any previous forms I submitted were ones I was prepared for and I had help from a friend at the time, but that was over 2 years ago and I cannot expect other people to just hand over money now, especially $1000.
    I am not leaving this household - there is no way I can abandon the person I live with and entrust them to someone else and there is no way this person would ever stand for that.

    Is there anything that can be done to either get an extension or get around the I-485 supplement A? I am not as concerned about the civil surgeon exam, but I don't have a clue how much that will cost and again, I don't know how I will get the money to do that either.
    I am really ticked with USCIS and their utter lack of correspondence and then expecting me to bleed money from a stone for them. They are not in any hurry to process my application so why do I need to be? I've been here this long, what's another few years?
    Has anyone else dealt with this or can you direct me to someone who knows what needs to be done and how?





    desi485
    03-15 11:45 PM
    dude, you don't know jack.........there is no "eligibility" when it comes to EB2 or EB3.

    The FUC@#NG job has to demand a Master's for EB2.

    It's not like the monkey-jobs that you fools do for fuc@#ng two-bit desi employers who are anywhere from 5-100 people strong NEED an EB2 !!!!

    any monkey can do 99% of the jobs that desi EB3 people do on the West Coast and the East Coast...........that's reality. It's YOUR problem if you cannot stomach this reality.

    And all these folks have the audacity to call themselves "highly skilled"!!! hahahahahaha..............errr, by the way, what school did most of these people go to? Lemme guess..........some SDNMDFDF Institute of Tech in some freakin village in India??

    If they did not qualify for EB2, then they should have FU@#%NG worked HARDER when they could.............should have gotten a good degree........and landed a respectable job in a BIG company....

    And don't preach what you have no knowledge about, ok buddy?

    For the record, i have NEVER used any legal shortcut ever.

    If this is not a skilled job, why the H1B is required. Why not just any one does the job? USA too has jobless people.

    Your language shows that your not just frustrated fool but also a selfish idiot.

    For same reason you may have never got chance to work for a real company who follows immigration rules strictly. You think that all rules are flexible.

    No wonder you got so many red marks already. You are cursing others becuase you may have tried a shortcut and failed (no wonder as you are a fool).





    eager_immi
    01-26 10:16 AM
    I don't think you are taking a free-ride but remember only lobbying gets you what you want in this country. Yes u can feel hopeless and watch, or you can act and do something about it. There are no guaratees and but atleast you'll have no regret of having done your best. It is like saying "oh this exam is so tough i don't want to put too much effort into it since i won't pass." Remember the saying "No risk no gain."

    I (and may be lot of others like me) want to care about IV & want to contribute to IV. But there has not even a single thread of good news for last several months. This is very demotivating. I have contributed only once. Every time I visit this site, I feel guilty of taking a free ride. But at the same time I find it hard to make any contributions with nothing happening on the horizon. Currently it looks like what ever is happening or going to happen with CIR etc is just moving at its own pace. If we can not expedite it, then what is the use? in any case congress will pass some relief for skilled workers when CIR comes up.



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