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  • waitnwatch
    08-21 12:11 PM
    The law unambiguously states that for employment based categories - EB1 spillover should first go to EB2 and whatever is not required by both EB1 and EB2 will spillover to EB3. If the USCIS has been doing something different previously they were actually not following the letter of the law.

    Here are the relevant sections of the INA which unambiguosly states the above.


    Here is what Section 203 of the Immigration and Nationality Act states -

    EB1 -

    (1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............

    EB2 -

    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -


    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............


    EB3 -

    (3) Skilled workers, professionals, and other workers.-


    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........





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  • madhuvj
    08-21 01:49 PM
    Just because some one said, VDLRAO predicts right, he has become a Psycic Guru here. Please stop this. Every one keeps saying , he predicts everything right. Did he predict, EB2 with PD2006 will be processed before EB2 with PD 2003. Come on Guys, Give me a break and stop this rubbish. What did he predict and on what basis. I dont have anything personal here, I appreciate him, taking efforts to come up with some number based on the calculation. But Please stop spreading this on every forum that He predicts right.





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  • SunnySurya
    08-07 04:09 PM
    Thank you. I am not worried about the three companies I know of , I am worried about other 3000 companies that I don't know of.
    I also beleive, it is not the companies that are evil. It is the system that provides the incentive. And I am trying to take away that incentive.

    First: I appreciate that you have not lost your cool yet despite all the opposition and rude posts against you. We will not close the thread as long as the discussion remains civil.

    While I personally do not support the lawsuit idea because it divides the community in two parts and there are better ways to help the community. You can try to help positively for the greater good for everyone or run a negative campaign that will help some but hurt others who are also like you and are genuinely following the law. I also think it will be expensive and may not have a lifeline. As IV members we need to all work together to fix the system. This was the basis of founding IV. The aim was never to look after our own selfish interests and hurt others who are like us. We never discriminated between different EB categories or country of changeability. The intent of our fight is not to deny others their greencards and get ours first, but to allow everyone get their greencards. The intent is to have the system be efficient and work the way it was intended. IV core team has never made action items or ask lists in campaigns to suit their own selfish needs.

    Now in this post you have raised a serious issue. If a fraud is going on, do collect evidence and file a complaint against it. If consulting companies are making money by gaming the system, drag those companies in your complaint. Help punish such people who are gaming the system. IV community will appreciate that.

    There is some wisdom needed here to draw a line between selfishness and working with honest intentions to clean up the system.





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  • CADude
    10-02 03:58 PM
    This is post responsible to monitor USCIS actions. :)
    who is cisombudsman.trends@dhs.gov? Is this a name of some person or some department name?



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  • kevinkris
    01-24 02:55 PM
    How can you confirm this?
    Police solved the Duke case partially that it's robbery case.
    Don't come to conclusions yourselves..

    On top of these issues, apparent hate crimes against Indians at LSU and then at Duke would certainly make a lot of parents a little nervous before sending their kids for higher education here.
    GG_007





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  • aj_jadeja
    02-20 03:36 PM
    how about this ?

    http://capwiz.com/aila2/issues/alert/?alertid=5183421&type=CO



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  • neelu
    10-12 07:42 PM
    Thank you, FatJoe, for sharing your experience.

    Would you mind sharing which state you reside in? I am wondering if anyone contacted Maryland senators/congressmen.

    Neelu:
    My attr said that uscis does not follow any chrological order to approve cases. Rather, it takes any 485 application filed before Jan 22, 05. So, your point on "giving more time" won't work here.
    This is what I did. I did not get GC yet though, but got to know where I'm at.
    1. Contacated NCS numerous times and raised two SRs.
    2. Took inforpass a couple of times. Infopass IOs have more detailed info about our cases.
    3. Contact Senator requesting that my appln be assigned to an IO, and it was done so. It is with an IO now. Hoping and praying that my IO picks up application to approve it this week.
    4. Contacted Ombudsman late last week. Hoping to get some good actions taken on my application.
    5. You might consider contacting Janet Napolitino as well.

    All the best.





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  • maxy
    09-23 04:23 PM
    how many visas are allocated every year per country, per preference ? say INDIA EB3 ?



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  • indianabacklog
    06-15 04:04 PM
    Does the A# belong to primary applicant or it can be written in Spouse Application too ?
    Should only be put in the primary applicants !485. The spouse will have one on their receipt notice. The fingerprint appointment will use this number as an identifier.





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  • GCKaMaara
    11-26 02:46 PM
    And you did not understand that this is a way for the lawyer to advertise himself.
    He may have seen many people worried about this issue on IV and he wrote on his site . Now you are becoming his agent and posting on this site. This is not a news. It is only a comment. It can be true/partially true or partially false.
    To me this issue is a non issue for which IV is working and this lawyer is blowing out of proportion. Only handful of people got denials and that too because their Desi employer acted in revenge for them leaving the company.


    Even if Desi Employer (blood sucker at least in this case, agreed?) go for revenge, there should not be impact if I-140 is approved and 485 is filed for more than 6 months. Few cases also should give enough alarm.



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  • like_watching_paint_dry
    06-14 12:08 PM
    How many times in this thread I have mentioned that I am getting replaced by one of these L-1B resource, I am a poor Oracle/DB developer who fortunately cannot be replaced by L-1B visa resources (as my skills is a common technical one). So once these violations impact your day to day life you look around for ways to stop this fraud. Its true that if I was a Nuero Surgeon in Phily or a Astro Scientist in Houston I wouldn't be interested in this violation :-) .... tomorrow let this scenario happen to you ... you would be first one to raise the alert.

    Regarding 'getting burnt', I don't think there is bigger burn than loosing our jobs (which already is happening) and hope you know that there is something called 'anonymity'... ya lets see whos going to get 'burnt' here. We'll definetly keep you updated regarding the outcome.

    I cannot help but point out a flaw in your case: You say that your technical skills is a common one. Yet you don't seem to have an issue that you have applied in EB2 - exceptional ability / advanced degree. At this time, you are likely holding a H1B status - a speciality occupation visa. Something does not add up now, does it?.

    However, I'm with you on wanting to stop L1 visa abuse (and H1 visa abuse as well). There needs to be a more definitive way of knowing L1 visa is being misused to replace US citizens and green-card workers.





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  • PDOCT05
    10-08 10:34 AM
    I am july 3rd filer, still waiting for receipt. In your e-mail you said there was LUD on your I-140 date 07/28. What it means...did you file I-140 and I-485 together? is there any connection in getting receipt of I-485 and LUD on I-140, just curious becasue I am also seeing LUD of 07/28 on my I-140 but my I-140 got approved in 2006.

    Waiting for reply.


    I am also july 3rd filer with I-140 LUD of 7/28. What i believe they touched our application on that day.My 140 also approved on 2006.



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  • asharda
    07-11 09:19 AM
    http://www.orlandosentinel.com/news/local/orl-visas1107jul11,0,2491458.story

    Article

    Quest for green cards leads to sweet-smelling protest
    Victor Manuel Ramos | Sentinel Staff Writer
    July 11, 2007

    Raju Sen Sharma woke up Tuesday with one important errand in mind: He had to order flowers and have them delivered to Washington, D.C.

    The 29-year-old man, an Indian immigrant in Orlando, was not marking an anniversary or wooing a sweetheart. The flowers were for Emilio Gonzalez, head of U.S. Citizenship and Immigration Services.

    Sen Sharma was sending them as a symbolic reminder of the plight of foreigners like him, who entered the U.S. legally but cannot find a way to remain permanently.

    In a recent Indian-made movie, sending flowers to prove a point was the method used by the lead actor, following Mohandas K. Gandhi's teaching of nonviolence.

    So hundreds sent roses and daisies to peacefully protest the recent reversal of a decision that would have allowed many to apply for the "green cards" entitling them to permanent residency.

    Immigration-agency spokesman Dan Kane said about 200 flower arrangements had arrived at the Washington, D.C., offices by lunchtime Tuesday.

    Gonzalez said in a statement that he had those flowers forwarded "to our injured service members" at Walter Reed Army Medical Center and the National Naval Medical Center in Bethesda.

    "We have been trying to get the green cards in the legal way, and we have gone through all the process and it hasn't worked for us," said Sen Sharma, an energy-software analyst at the University of Central Florida. "We just want a fair chance."

    Other immigrants are joining a class-action lawsuit about the rejection of their petitions, to be filed by the D.C.-based American Immigration Law Foundation and the American Immigration Lawyers Association.

    Engineers, programmers, lab technicians and other educated immigrants had scrambled to file paperwork, following a June visa bulletin from the U.S. Department of State that gave them hope visas were still available.

    But U.S. Citizenship and Immigration Services issued a terse statement July 2, saying it would reject the status-adjustment applications because it ran out of those visas.

    Kane said he could not comment on the mix-up because of the expected lawsuit. The agency has an annual cap of about 140,000 employment-based visas; hundreds of thousands of foreigners compete for them.

    "It's very disheartening for people to get their hopes up and spend thousands of dollars in filing paperwork to then be told nothing is going to happen," said Aman Kapoor, president in Tallahassee of Immigration Voice, the group leading the flower campaign.

    Catherine Henin-Clark, an Orlando immigration attorney, said the cap leaves thousands of worthy immigrants in the limbo of temporary status.

    "When it comes to legal immigration, we are not encouraging the people that we want to have here," Henin-Clark said. "We are turning them away, and that is going to affect the economy one way or another. We have always relied on foreign workers."

    Victor Manuel Ramos can be reached at vramos@orlandosentinel.com or 407-420-6186.





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  • pappu
    06-20 04:07 PM
    some tips from Susan Henner:

    Although the principal employment-based categories are current for
    July,
    future retrogression is indeed possible later this fiscal year,
    particularly
    if demand for immigrant visas increases substantially. Visa numbers
    can
    retrogress in the middle of a month and become unavailable without any
    prior
    notice. If there is a mid-month retrogression, USCIS could elect to
    stop
    accepting adjustment applications. While this is unlikely to occur in
    July
    2007, it becomes more and more possible as the fiscal year progresses.


    It seems that cases not completed before any future retrogression will
    be
    held in abeyance until priority dates again become current. Having an
    adjustment on file, even if the case is in abeyance, allows for
    eligibility
    of work authorization and advance parole, and may be particularly
    critical
    in circumstances where there are children who may reach the age of 21
    during
    the process.

    An applicant for adjustment of status MUST be in the United States in
    order
    to be eligible to file. Overseas spouses of adjustment applicants
    should
    be encouraged to enter or reenter the United States as soon as possible
    in
    order to be included in the principal's adjustment application.


    H-1B and L-1 nonimmigrants may maintain H or L status while their
    adjustment
    of status applications remain pending.

    Whenever possible an adjustment application should be filed
    concurrently
    with an I-140. This is permitted as long as the visa priority date is
    current. Even if priority dates retrogress after filing, the I-485
    will be
    placed in abeyance and remain pending, although it cannot be approved
    until
    the priority date is current again. Yet extensions of work
    authorization
    and advance parole may be obtained during this period.

    It may be advisable to file I-140s by premium processing if available
    for
    the employment-based immigrant category. This may hasten the issuance
    of an
    approval and may also increase the possibility that an adjustment
    application could be approved and an immigrant visa number captured
    prior to
    the end of the current fiscal year or before any future visa
    retrogression.



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  • anura
    04-03 07:49 AM
    Thanks.
    Can somebody please give us the link of the document that shows how many applied , yearwise.

    Getting any sort of data out of any of the immigration agencies is often frustrating. Especially something like how many eb2 I-140 did they accept, approve, deny... However, they do randomly throw number out and we can scavenge through them for `clues'. Here is one such link.
    USCIS: National Processing Volumes and Trends (http://dashboard.uscis.gov/index.cfm?formtype=7&office=5&charttype=1)





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  • conchshell
    01-05 10:01 AM
    Please post these ideas on change.gov from IV and see if we can get a response from President Elect's team.



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  • nrk
    08-17 09:34 AM
    Congrats.

    All,

    Received CPO mail today for self, wife and son.

    EB2 - India PD Oct 24 2005. NSC
    I-485 receipt date: Sept 14 2007.
    Opened SR on 08/09/2010





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  • gcnirvana
    06-15 02:03 PM
    Thanks for the quick response, Logiclife. That makes perfect sense in your case. But as for me, where my attorney is pretty good and my employer was treating me well till now. Should I just let him file 485 for me and 485/EAD/AP for my wife? And can I file my EAD and AP on my own later? What are the consequences of doing that??

    Thanks again!!

    For me, its 1 and 3. I am sick of my company's lawfirm. They are slow and they always end up filing things late. I almost lost my driver's licence renewal in April due to their procrastination and slowness in apply for H1 extension. If they do the same thing in this, then dates can retrogress and window of opportunity closes.

    Besides, I somehow feel that errors on forms are more likely when paralegals do your paperwork rather than you doing your paperwork.

    I am planning to keep a backup of all paperwork to file on my own if the lawfirm fails to file it by the 7th or 8th July. I will fire them and tell them to back off and do this on my own. I think that if they cant burn the midnight oil and work overtime during such critical times, then they deserve to lose business and we deserve to take care of our problems.





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  • sunny1000
    06-29 09:12 PM
    My new theory is the DOS was influenced by politicians who are attorneys (I beleive that there 50% of lawmakers) and it released a huge Visa Numbers. The politicians have strong connections to law firms. The USCIS doesn't want to do it, because it doesn't have 'resources', 'money', 'manpower. So, they are on a near strike mode, not attending routine works like sending receipts., etc in a timely fashion.

    If it is any consoling to you, this is what I posted yesterday at a different thread at IV. Looks like I can re-cycle it today for a larger audience. Click the hyperlink and see the video for yourself.
    A strong case of moronic president, moronic problems?


    ...........
    ................

    Many issues are being swept under the carpet. I had written a few times earlier. The backlog and GC issues are not truly a numbers game. It is the neo-con regime and the republican culture that had engulfed Washington, its consequences, that had made things miserable for us; we, the legal immigrants.

    4/5ths of the illegal immigrants have been here by the time of Clinton's second term. It was a non-issue then. You should understand why is it an issue now? Why can't it the legal and illegal immigration be addressed and solved. In a democracy, things like this can be solved administratively, legislatively and judicially. Adminstratively, we we hit below the belt, in backlogs, in delays, in sudden rule changes (no concurrent filings of PD is not current). Legislatively, they are stalling and falling apart. What is left for the immigrants?

    I had written many times earlier.

    Why should you know? Why should you understand? It is in your own interests that you understand things wisely. Failure to know what is happening on the ground, what is happening around us is a sure shot for personal failure.

    In this connection, see a counter-point on the immigration bill.

    http://www.newscorpse.com/Pix/Caps/cavuto-chong2

    See the Entire Video here (http://media2.foxnews.com/062807/062807_cav_chong2_300.wmv)

    Sorry for the repeat post, if you already posted it....I knew somebody else might hv thought of it too...hope we are wrong and this is all some technical math problem that DOS/USCIS got wrong this time.





    pat123
    10-01 02:12 PM
    what does it means ???

    Take your I 485 application. There is a received date column and Notice date column.
    Date received is the date they received your application,Notice date is the date they entered your application was entered into their system.

    So, if someone with priority date of 08MAY2006 (EB2), but with a notice date of Aug 30 2007 will get the green card earlier than someone with priority date of 20April2006 (Eb2) with a notice date of Sept 15.





    cougar123
    01-18 09:02 AM
    Hi I had contacted the KCC number but they said they could not provide any estimate and said I would have to contact the concerned consulate at India to check on the status.

    :confused::mad:

    I read on the murthy.com website that the UCSIS needs to go through the Kentucky Consular Center to obtain the PIMS verification. The number for the KCC is 606-526-7500. I am going to try and call them to see if they can give me any information on timelines.

    For those people that have not left the US yet, it might be worth it to talk to your lawyers and see if there is any way you can have your names added to this database before you travel - that should eliminate any hassles once you leave the country. Much easier to try and do it from there rather than from here.

    There is no number to call here to check on status - I have been sending emails to mumbaiNIV@state.gov but have not received any response from them yet. Not really a surprise. If anyone tries the number above and gets some response please let the rest of us know.



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