Friday, July 1, 2011

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  • FinalGC
    08-20 03:45 PM
    Guys:

    For all those who are waiting...I would suggest one more thing, if your file is not touched. My lawyer had sent an email to NSC on Aug 2. I believe that along with my SR might have done the trick.....Sheela Murthy was my lawyer....that too might have helped....Who know what works....but we can all try.....Hope all who are stuck, get their GC by end of this month.

    Take Care




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  • roseball
    09-10 10:09 AM
    I don't know what this means. This is what it say in the Mumbai website.
    Category India Most Other Countries
    F1 22 July 2003 22 July 2003
    FX 1 March 2003 1 March 2003
    F2A 1 June 2005 1 June 2005
    F2B 22 August 2001 22 August 2001
    F3 15 Janurary 2001 15 Janurary 2001
    F4 15 April 1999 15 April 1999
    E1 Current Current
    E2 22 January 2005 Current
    E3 22 February 2002 1 June 2002
    EW 1 June 2001 1 June 2001
    E4 Current Current
    E4-Religious Current Current

    Either the US Consulate got the EB-3 India date wrong or there was a typo in the Oct Visa Bulletin. I wish/hope there was a typo in the bulletin and Mumbai consulate got it right....Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)..But it seems they might have copied the date from China column of the visa bulletin...




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  • chi_shark
    07-10 11:49 AM
    desi,

    so what is your point? i have no doubts that i can prove point 1, 2 and 3 below... i.e. real business, planned business (with only me as the employee), contracts and orders. i dont think anyone here is talking about a non-bonafide job with a "paper shop" (in your words)...

    what is your point about If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year? doesnt that sounds like "ability to pay" issue? if yes, that is not an issue at I-485 stage... the yates memo clearly states this...



    The problem with self employment is demonstrate
    1. AC-21 job is in same classification as original labor/I-140
    2. New job is bonafide

    In order to show that the new job is "real", one has to show
    1. The business is real, not just paper shop
    2. Business Plan, Funding to support employees
    3. Any contracts, orders etc

    If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.

    The burden of proof, in case of RFE, lies on beneficiary.


    __________________
    Not a legal advice.




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  • logiclife
    10-08 06:00 PM
    All EB categories will be current all the time. As soon as a I485 EB case is filed the visa number should be allocated to the first 8000 odd cases for that category based on the PD of application. If a new case is filed tomorrow with a old PD he will get the visa number and the last guys application will move to waiting list. At the beginning of the year all visa numbers are allocated and nothing is wasted, even if the case is having issues like RFE, FBI check, etc the applicant knows that once cleared he will get his GC.

    Can you explain why you think the lawyers will laugh it off? Or is it just that you say it because someone is saying something which you don't agree with?

    A clarification regarding the flower campaign. I said the AILA law suit and the congresswomen letter to the chief also had lot of weight. It is just not the flower campaign for your information, if you beleive so it is your opinion just like I have mine.

    Again, you have this approach of "This should be done, that should be done" or "What is wrong with this...why not work like this to avoid waste and be more efficient etc etc".

    I believe that you work for the Government. But I dont think you have talked to the government ever about fixing any of the issues. Big difference.

    All the big brilliant ideas that we come up with, in our heads, are pretty much meaningless to administration and congress and they wont do it unless they have other reasons to do it.

    You are like a person saying "What's wrong with doing assignment of visa numbers and then approving based FIFO..bla bla bla". Its like saying "What's wrong with passing electric current thru a tungsten filament in a glass ball of vaccum to create light". That is DIFFERENT from commercial production of electric bulb. That bridge - between and idea and its production - takes a lot of initiative and faces a lot of roadblocks.

    I will give you an example, and since you work for Government, I believe you will understand this easily.

    I was in a recent meeting with administration officials along with our lobbyist and 4 other IV members. One of the issues, that is purely and administrative issue and doesnt need congressional act is In country visa revalidation. Prior to 2002, St. Louis had an office where you can mail your passport for restamping after H1 extensions and dont have to travel out of country. We asked them why that cant be restarted.(just like your style of why this cant be done and why that cant be done, its so simple and makes so much sense...bla bla bla). You know what their reply was..."We dont have a problem in doing that, and the issue is not security. Its just that if we reject someone, that someone is already in USA and would drag the rejection thru an immigration lawyer, file motions for re-appeal and re-consideration, and take us to court...and we have to fight that and spend money from DHS coffers to do that. If we reject someone's visa stamp in Mumbai consulate, we dont have to worry about it as that someone cannot take us to court and its cheaper for us".

    Now, WHO would have thought about that? You see what I am saying. Here we are, speculating that they stopped visa restamping in USA (St. Louis) because of security reasons. And the real reason is - An attempt by DHS to save money on litigation it would face from rejections. Could you have known or imagined that? And who would have found the answer from IV forums. If I had posted that question here on forums, would I ever know that? No. It takes effort just to know the answers to questions. And then it takes some more effort to suggest more solutions and answers to their concerns. And then some more effort to get it done once they agree.

    Its very easy to sit in your cubicle and spin brilliant ideas out of your head and say "Why cant that happen?" and "Why cant this be done like that and like that?".

    And all your ideas are brilliant and they all have answers too. But sitting on IV forums and posting brilliant ideas isnt worth a bucket of warm spit if you are not willing to go out, travel and talk to people in authority and run your ideas and requests with them.

    And yes, talking about donkeys and horses, the problem isnt that I am expecting wrong things from the wrong animals. The problem is that donkeys expect to be treated like horses not because they can run fast like horses but because they think they can run as fast as horses.



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  • 485Mbe4001
    03-26 02:07 PM
    i know for a fact that 2 of my friends who were stuck in namecheck and had current PD got their GC approval emails 3-4 days after the rule was passed. I have EB3 PD of mid 2002 and was stuck in NC for 3+ years, i got a soft LUD one week after the rule was passed. it was the first LUD after 2 years.

    NC was hell and i hope people dont go through what we went.

    It is on main web page of IV.. How come I can be ignorant even if I wanted to be?:)

    Yes, it would "improve" Name Check with coparision to what we have observed so far. But it still have following loop holes and flaws.

    Reference:

    http://blogs.ilw.com/gregsiskind/files/Mocanu_New_USCIS_NC_Procedures.pdf

    Now I generally read and analyze. Do not just read.:)

    (1)180 days period is from the "Date of FBI Name Check initiation. It is not
    from 485 receipt date. Nobody knows when USCIS will initiate FBI Name
    Check. So I see a big playground for USCIS to play if it decides to play.
    What if uSCIS sends FBI name check initiation after 2 years of 485 receipt?
    Do we have a way to know or keep an eye on USCIS about this? At least I
    do not know and if somebody has the information please share it.

    (2) "If 485 Otherwise is processable" then USCIS can go ahead without
    waiting for NC check... What if USCIS decides to keep 100000 cases on
    rack eating dust just by not moving the processing date for particular
    service center? This you can see right now.. USCIS is making Texas slow
    day by day not moving processing date. I remember Texas was ahead
    with comparison to Nebraska around May to August 2007. If this happens your case is no more "processable".. Yes you can say that you are not stuck in NC queue but you will be stuck. USCIS may come up with altogether different startegy... To align processing times with FBI processing and FBI NC initiation. That may screw the things further.




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  • anzerraja
    07-20 12:26 AM
    Missourian, Thanks !!!

    Could you please write down the pledge amount, so we can better track it.


    I will contribute for this nobel cause



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  • BharatPremi
    03-26 04:55 PM
    This is what I don't understand. Priority dates are set so only applications before that date can be approved. Processing dates are not set in that sense of the term.

    All uscis does every month when they publish processing dates is look at the Receipt date of the application still pending at the time and publishes that info. So in that sense, "not moving the processing date" does not make sense. Unless you mean they deliberately reduce the number of hours they work so fewer applications are processed.

    USCIS deliberately can do many things and is doing. It can transfer files from one center to ther and inroduce the delay. During July 2007 fiassco, many members of IV experienced that files were flying between nebraska and california centers without apparent reason. If you have followed processing dates in past you would surely have obeserved dates not moving at all for months. Does that mean nobody was working at USCIS at that time? No.. What it means - " We have heavy work load and we want to go in particular direction and so we are delaying" - in terms of USCIS. In our interpretation - USCIS does not work and want us to rot forever.




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  • EB3RESTOFWORLD
    09-26 02:03 PM
    WE FILED 19 JULY AND RECEIVED NOTICE SEPTEMBER 11 AND eEAD APPROVED SEPTEMBER 24 VWE FILED NCS BUT IT WAS TRANSFERED TO TEXAS



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  • vin13
    07-16 05:58 PM
    I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.

    How about basing it on when a person entered the country. Will that be fair for you?




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  • amitjoey
    07-09 06:56 PM
    mcuban@hd.net,
    wnelson@hd.net,
    nytnews@nytimes.com,
    news-tips@nytimes.com,
    washington@nytimes.com,
    AmericasNewsroom@foxnews.com,
    satya.prakash@hindustantimes.com,
    pmagazine@hindustantimes.com,
    aditya.ghosh@hindustantimes.com,
    Fatherjonathan@foxnews.com,
    Drmanny@foxnews.com,
    Beltway@foxnews.com,
    Myword@foxnews.com,
    Bigstory-weekend@foxnews.com,
    Bigstoryweekend@foxnews.com,
    Bullsandbears@foxnews.com,
    Cash@foxnews.com,
    Cavuto@foxnews.com,
    Fncimag@foxnews.com,
    Forbes@foxnews.com,
    Friends@foxnews.com,
    Feedback@foxnews.com,
    Jamie@foxnews.com,
    Fncspecials@foxnews.com,
    FNS@foxnews.com,
    Newswatch@foxnews.com,
    Foxreport@foxnews.com,
    Atlarge@foxnews.com,
    Heartland@foxnews.com,
    JER@foxnews.com,
    Lineup@foxnews.com,
    Ontherecord@foxnews.com,
    Oreilly@foxnews.com,
    Redeye@foxnews.com,
    Special@foxnews.com,
    Studiob@foxnews.com,
    Hemmer@foxnews.com,
    Colonelscorner@foxnews.com,
    Housecall@foxnews.com,
    Hannity@foxnews.com,
    Colmes@foxnews.com,
    Letters@newsweek.com,
    Customer.Care@newsweek.com,
    viewerservices@msnbc.com,
    today@nbc.com,
    wt@nbc.com,
    mtp@nbc.com,
    abc.news.magazines@abc.com,
    letters@msnbc.com


    I am emailing these addresses right now, please help, any volunters. Need a lot of you to email.



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  • shantak
    05-25 07:25 PM
    Sent the email to 10+ 2 senators as mentioned
    Thanks




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  • ThinkTwice
    07-19 06:54 PM
    I pledge $200 towards this fund.



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  • sen_raju
    07-13 12:54 AM
    http://www.topix.net/content/trb/2007/07/quest-for-green-cards-leads-to-sweet-smelling-protest




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  • nat23
    10-30 10:37 AM
    Gentlemen

    I dont understand why are people trying to correct and change each others thinking & views. This is a public forum and people have the right to post their views. I had another gentleman try and correct me last week . I think it was some guy named "eb3India".
    The kind of language people use is embarrasing. We are all professionals and there are some etiquettes we ought to stick with. Kindly refrain from using sarcastic language against each other.

    If you dont like something ignore it . If you cant ignore it, kindly use proper language to ask the person why he thinks in a certain way. If you dont get an answer that person is not worth talking to.And dont be worried about others getting disheartened. We are all grown-ups & professionals.

    Regards
    Nat



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  • neel_gump
    07-21 04:44 PM
    We, people with EB3-I priority dates in 2002 2003 2004, should not blame others for our problem. The only way out of this mess for us, I think, is to port from EB3 to EB2. We all need to do it before they scrap that law. We are being too loyal to our original employers. Most of us were working for more than 8 years in the same company. It is time to move-on and search for greener pastures. We checked that there are around 20,000 EB3-I applications in front of us. That, @ 3000 applications per year, means more than 6 years of agonizing wait. We are already waiting for 8 years and I don't know whether we can take 6 more. I think only a mass-porting from EB3 to EB2 should be the answer.




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  • lkrastogi
    07-07 10:26 PM
    Lets do a poll and we will get some idea about the count. Idea should be that each IV member who is voting "Yes" for the poll should try to convince and bring some more friends (non IV members who got affected with July VB) with him to participate in the rally

    Please mention how many members from family..

    IF we get minimum 1000 then we can talk to core members.



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  • makemygc
    08-01 04:57 PM
    USCIS are doing internal transfer from more than a year(140 & 485). They are processing 140 and 485 at both the centers and requesting the application at NE only. It seems now you noticed.

    well they have started allowing for direct filing to each of these centers from July 30th. It's going to be another pre-PERM situation when place like nevada used to process labor in 3 months whereas NY was taking 2 years.




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  • ragz4u
    05-02 12:13 PM
    Guys until CIR passes soft country limits Remain right? ALso a lot of us who have applied on Eb3 DO have Masters in the US, it's just that our lawyers played it safe and applied in EB3.

    Please correct me if i am wrong.

    Say the SKIL bill goes thru quicker and much b4 the CIR. Then it is beneficial to all of us right? The Eb1s, Eb2s and Eb3's with a US advanced degrees are exempt from the cap and the eb1 overflow will still go to eb2 and eb2 overflow will go to eb3. That way everyone benefits to some degree.

    Please please correct me if i am wrong

    The CIR has been scheduled for debate starting May 15th (unconfirmed report made available to us). The SKIL bill has not been scheduled.

    As far as passing the SKIL bill goes, it is in the same boat as the TALENT and PACE. They still need to be scheduled in spite of the PACE bill having 60 co-sponsors. Remember that the McCain Kennedy bill and Cornyn Kyl bill were proposed almost a year before they got considered.

    So just want to temper everyone's expectations here. I don't think the SKIL bill will pass before the CIR. If the CIR fails, only then will the SKIL/PACE/TALENT bills gather some momentum.

    Hope this helps




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  • capriol
    09-13 03:10 PM
    Create a new thread for TSC.

    Sanjeev:
    I don't know how to create a new thread. Will you please tell me how to do do? Thanks a lot.




    pani_6
    07-27 11:17 AM
    I was looking at the comments of one "sodepressed" in the Ron gothcer's forum..I am feeling really bad for this guy..I dont know what logic USCIS follows..but I assure you EB-3 I will fight for fair share and get it..with in 140 K numbers or thro Visa recapture #'s..first is to highlight our problems..so lets do it in creative ways...

    EB-3 I I can see we progressing very soon..lets send out those letters..


    :)


    LEGAL AND STUCK IN - 7 YRS. ILLEGAL AND SNUCK IN - 7 MINS. CHOOSE!

    It is a fact that EB3 India is a FORGOTTEN category. There appears to be a sense of intra-category elitism within the larger community that comes together at IV. EB3 I's make feeble attempts to be heard and some take a shot at innovative marketing campaigns to call attention to the plight of being stuck for over 6 ot 7 years in some cases. EB2 I's immediately respond with a self protectionist attitude and preach a higher calling that focuses on comprehensive solutions instead of piecemeal solutions. EB1 I's obviously choose to remain outside the fray, since these are matter of concern to vox populi, not them.

    Some EB2's and EB3's then analyse the hell out of USCIS logic, to the extent that they could become full time spin meisters for ANY public organization. With very little fact, a healthy dose of opinion and a mish mash of 'logic', they piece together their 'strong' arguments -one way or the other.

    Lost in this useless din of irrelevant analysis paralysis is the real misery of thousands of EB3 I's (such as myself) that have been stuck for years for no fault of ours. By the way, I happen to be a highly educated (for those that care) Executive that went to Top Private Universities in the US that happens to be stuck in EB3 ONLY because the company HR rep and lawyer at the time, chose to go down this path. POint being, there is no reason for EB2 I's to pontificate from a sense of elitist protectionism because there are EB3 I's like me that can outsmart a bunch of you in no time. Seriously. (This is for those that preach that if you are 'smart' you should be in EB2. Go read those threads).

    So bottomline, let us stop behaving like CIS vs Anti CIS camps and instead UNITE towards the common cause. Let EB3I's air their frustrations. If you can come to help, do so. If not, stay out of it completely. No more half ass 'logic', please.

    Thanks!




    swissgear
    08-31 12:11 PM
    I see the priority date for caydee as March 2006 from the profile.. Does this mean, USCIS has already started processing cases that are going to be current from September 1st??

    Yes, looks like it....I saw someone who received recent approval from Apr 04 2006 PD as well



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