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  • tinamatthew
    07-22 10:48 PM
    ^^^^^




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  • softwareguy
    07-06 01:35 PM
    July 2, 2007, State Department Notice to USCIS Regarding EB Visa Availability
    The State Department�s Immigrant Visa Control office provided AILA a copy of the notice sent to USCIS Section 245 Adjudications on July 2, 2007. AILA Doc. No. 07070663.

    I don't have access to AILA.com website but this is what I gathered. - Not sure what it means.




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  • vparam
    07-21 10:46 AM
    Currently it takes about 80-90 days for EAD when the 485 was just trickle, with the june filers it was expected to become more towards 90 days +. based on that with deluge of applications it will take around 6 months for july filers.

    please note most of the post June 15th to June 30th filers are yet to get the reciepts. it takes approximately a month from then to get FP. which means that even june filers will get FP into late august september. With the FP being code 3 that is what kicks off the EAD.

    So it is just that instead of being in one line the july filers will move into another line... but the good is that recent H4 people will not suffer years of waiting like the early PD people who have been waiting for years to be in EAD to get a job.




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  • dtekkedil
    10-01 04:21 PM
    A cut-off date avoids submission of AOS applications with PD after cut-off date. In my opinion, this was the only reason to retrogress on July 2: avoid AOS submission whose PDs became current in July.

    Now nearly all AOS applications have been submitted. Hence, setting cut-off dates conservatively is not that motivating.

    If let us say 20,000 visas were unallocated in 2007 and USCIS realized that on the 28th of September, 2007, they still wont be able to use up those 20,000 visas. Because the priority dates were pushed back so far that there probably isn't that many applications that have completed the fingerprinting and name check stage. So, we have another reason to believe that USCIS may not be able to use up all the visa numbers just because of the priority dates (even if they worked throughout the weekend).

    So it makes sense "now" to put the cut off dates a little conservatively because USCIS has already received those applications. They should be allowed to approve them according to the visa number availability and the case status in a first come first serve basis (considering the receipt and priority dates).



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  • gc28262
    03-11 01:49 PM
    My application was finally approved yesterday after almost 7 years in queue. Here is the sequence of events right before the approval.

    RFE email on 02/13/09
    2nd Biometrics Notice received on 02/17/09
    Lawyer receives RFE for EVL, EAD cards and Marriage Certificate on 02/24/09
    Completed Code 3 Biometrics on 02/26/09
    Soft LUD immediately after Biometrics on 02/26/09
    USCIS receives RFE reply on 02/27/09, Hard LUD and email on the same day
    Another soft LUD on 03/02/09
    CPO email on 03/10/09
    Welcome email on 03/10/09

    My PD has been current for a long time, but my application had not been touched and then suddenly USCIS became a model of efficiency. I am sure they are opening applications and approving or RFE'ing all they can. Hang in there guys.

    Congrats !
    Happy to see another free bird flying off USCIS cage.




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  • lonedesi
    08-11 03:31 PM
    Hey,
    Looks like my employer will fill up the 7001 form but how about the main letter. Does that needs to be signed and addressed by employer as well ?

    Because the Link for 7001 doesn't talk about sending a separate cover letter.

    http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm

    Thanks,
    Diptam

    Your employer does not need to sign the letter. You can sign the letter. On section 12 of the form 7001 mention " please see the attached letter" and then include the letter to be mailed to Ombudsman's office.



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  • Libra
    09-13 04:30 PM
    thank you GCNaseeb and sunty for contribution. LET'S GO TO DC.

    $100 Sent thru Paypal. (ID #9U1869976C484994N)


    Go IV Go.




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  • kevinkris
    12-10 03:54 PM
    Guys,

    When USCIS will release the report which shows number of pending apps per country and overall. With that we can see how many numbers per category and per country are used.

    Is it now or in Jan?



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  • amitjoey
    01-04 04:58 PM
    I see that a lot of us feel really stuck because of the long GC process and yet we continue to wait. Eventually we all want to have:
    1. Freedom to switch jobs
    2. Freedom to start businesses
    3. Freedom to travel
    4. Freedom to have spouse working

    I hope and pray that it comes thru sooner than later for all of us. Let's say you get your GC in 1-2-x years. How many years after that would you go back? 2-3 or wait till you get US citizenship? Would you give up the GC after having spent 5+ years waiting and maybe a total of 8-10+ years in US?

    For those of us who are thinking that I want to go back eventually, what steps do you plan to take once you get your GC? The reason I raise this question is, it was easy to adapt to a new place when you were young. 6-10 years later (and a couple of kids later :-) what are some of the things you intend to do make your transition homewards easier? Has anyone considered taking on positions with significant travel to India(or your home country) so that you can get accustomed to the lifestyle/work environment/business back home?

    For me: Wait another 5-7 years, in the meantime yes, considering taking on positions with significant travel to India (where I am from). Investing and paying for building a home/apartment.




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  • susie
    07-15 11:19 AM
    APPENDIX: REFORM SOLUTIONS

    The Need for a Compassionate Visa


    Solutions

    Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows

    �(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,

    (A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
    (B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �

    This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.

    In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.

    If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.

    Removal of Child Status Protection Act of 2002 (CSPA), section 8

    Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.

    Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.

    Dream Act

    This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.

    E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007

    We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).



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  • kaisersose
    06-10 11:42 AM
    Visa numbers have been recaptured in the past (year 2000, I think).

    Do we know more details on how this happened? Who worked for this and what did they do to make their efforts successful?

    Same with the AC21 provision that allows changing jobs after 180 days. That is a huge accomplishment for whoever worked to make it happen.

    Perhaps we can borrow some of their wisdom.




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  • mirage
    05-01 09:31 AM
    I liked the way somebody in the committee pointed out that a Foreigner interacts with only one agency that is the USCIS and the service we provide them is shameful.



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  • Jimi_Hendrix
    11-19 12:43 PM
    I see that most of the people who initially responded to my first post about the southern california state chapters have some recent activity i.e. they have visited this website in the last 2 days after my last posting requesting you to e-mail me about your availability for a conference call today. Not one of you has responded to my request to e-mail me.

    I just want to make you all aware that IV core members can do a limited amount of work. They are definitely not superhumans although we expect them to be as such. If we fail in our efforts to secure any retrogression relief we will have only ourselves to blame in such a situation. Besides this is a very ripe time to be active and talk to politicians here in Southern California region. I would like to reschedule the conference call for the coming week/weekend depending on your availability.

    In the end our best intentions and best wishes are not going to get us the immigration relief we want. We also cannot blame IV core team if we do not start working and lending them a hand. The choice is clearly ours. I hope that all of us will be more forthcoming and open to spending some time on IV work in the future.

    Regards

    Amit




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  • achiever2001
    07-20 03:38 PM
    You need to chill out dude. I do not see anything wrong. Whats wrong in analyzing and preparing yourself for future. I have plans to travel in 3 months.After looking at this thread I think it might take few more months. I think this is a valuable thread.

    Preparing for future is one thing but if you think that this is a valuable thread then go with it and enjoy, i just find it disheartening that people are trying to undermine whatever has been achieved by such threads (Like i said, he might be completely right but is there a need to tell it this way) and what are you going to prepare for the future ;) Do you know it ? (If you do, please keep it to yourself and enjoy or cry about it). Right now, i want to be positive and enjoy the fruits of what IV has done to get some relief, why use negative logic to undermine it and that is what i am saying. Leave us alone, who like IV and who want to have a moment's respite. Chill out dude, no offence meant and this my only response, will not reply if you attack me, so cool off.



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  • Jaime
    09-12 05:27 PM
    Bump




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  • gcgcgcgc
    07-21 05:30 PM
    Hi Tina,

    Do you know any employer or recruiting agency (in NY) who can help sponsoring physical therapists for 140 & 485.

    I got a NY work permit and got my crdentials evaluated but unfortunately that emplyer is no longer having job vacancy. Now I am stuck and don't know if I can get benefit from some other employer.

    Any input would be greatly helpful.


    Are there any Schedule A professionals who are filing this July?

    Any ideas/news you can share?

    Any ideas for those stuck in 40 days employer posting requirements, that will end sometime in August.

    Any input will be greatly appreciated.

    Thank you



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  • setpit_gc
    07-24 05:19 PM
    My wife's DL expired in June 2007. We got her extension in April 2007 for next 3 years. FYI: It took only 40 days to get the approval. Applied in PP.

    We noticed the incorrect DOB in her approval notice. Attorney contacted CIS about this. We got a letter from CIS asking us to wait for 30 days to review her case. It is 90+ days since we reported CIS's typographical error. They took 40 days to approve the extension but they are taking more than 90 days to correct the DOB and issue a copy. Congrats CIS!.

    Because of CIS's typographical error, we are facing hell of problems. She couldn't renew her DL. We went to DL office. We were asked to file a complaint. That takes ANOTHER 10 to 12 months to get the feedback from DL office.

    I don't know what to do other than just WAIT!.




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  • acecupid
    08-17 09:57 PM
    What if you spend 3-4 K in the new GC process, and after writing these letters USCIS wakes up and release statistics that they have 2000 EB-3 I pending for 2002/2003 and 1000 for 2004 will you still go ahead ? I guess for us the most important thing is to know how many cases are really pending. As I am not filing a new EB-2 and what if there are 15K cases in 2002/2003 and 50K in 2004, I'll be sitting here all my life looking at Visa bulletins :o

    You are forgetting the re-distribution of spill over rules which has affected the processing speed of different categories. So it doesnt matter how many numbers are pending in EB3 past years, its surely greater than the country limits based on past visa usage data. So it does make a lot of sense to port to EB2. Some one who applied in EB2 India in 2008 is likely to get GC before someone who applied in EB3 India 2003/2004 based on current situation.




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  • ravi.shah
    08-24 09:37 AM
    No point in bashing each other guys....
    Its not like, USCIS is reading these forums and are going to do something about it.
    Just take it easy....




    CADude
    11-14 05:21 PM
    It's call reseach topic.. We have to find some USCIS support documents for each case. We need some earlier USCIS decisions for each senarios/theories.

    RG provided few supporting CIS rules in earlier post and seems logical. But not sure if RG or RK is right.

    It's confusing indeed.


    I went thru' both links posted above in thread.

    It seems that according to RG, EAD will remain valid till the time to file appeal (MTR), once appeal is filed the applicant would be able to work. He also suggested to go on EAD to save any time remaining from initial 6 years.

    According to RK, EAD will be invalidated, person is to be deported as soon as CIS denies 485 in error. He strongly suggest NOT TO GO on EAD if some one has H1 as an option.

    According to Chandu's blog, RK seems to be correct; but then RG is also a very reputed and experienced immigration lawyer.

    What is correct? Both are 180 degree opposite to each other? Any one?




    vkallank
    07-18 10:23 PM
    Amit, i have sent you a PM. :)

    Thanks a bunch for all of you who contributed today, I read each and every post and felt very content that atleast there are people who feel the same way like I feel. IV is the only org that stands for us. It is time to strengthen it, Most of you have no idea how much money is really needed for lobbying, and how far it can take us if each of us contributed a little every month.
    Minimum $50/month.



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