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Dakota Newfie
07-03 06:22 AM
...that the system is severely backlogged and needs repair but to say it is unfair to limit the number of immigrants from one country does not make sense. Removing the per country limit would allow one or two countries to dominate the EB system because their high populations allow them to produce more skilled labor. So removing the per country limit would remove the "bias" off these countries and move it to the ones with lower populations; so, in essence the discrimination would be reversed? Maybe a point-based system that incorporates a per country score would be better?
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frostrated
09-09 03:09 PM
For those of you thinking that EB3I will move forward once EB2 becomes current in the next year or so, please think again.
There are many EB2 I & C waiting to file their AOS applications. Anyone that missed the 2007 and 2008 windows, are eagerly waiting to file. It is estimated that there are a few thousand primary applicants in EB2 alone, each year from 2007 to 2010.
As a result, it is very unlikely that EB3 I will advance apart from its annual allocation of approximately 2800 visas. At the current rate, it will be three years before EB3 I 2002 is cleared, and many more years for the other years. In the meantime, there will be more applicants in EB2 category, thereby preventing your applications from being approved.
The options that lie before you are the passage of CIR, removal of country limits (which again is invariably tied to CIR), porting to EB2. The only option that is within your control is porting.
I would highly suggest that you use that option rather than rely on a change in law - a law that we have seen being dangled before us like a carrot for the past four years.
If you have been given a promotion or even offered one, take that. Contrary to what someone says about not being able to use experience in your current company, that is wrong to a certain extent. Experience in your current company in your current position cannot be used. But, experience in a different position in the same company can be used as experience to your EB2 status.
Take your promotion, and have the employer file a new labor petition. During the I-140 stage, port your EB3 priority date to your EB2 petition, and pretty much your 485 will be approved along with your 140, if not a few weeks after that (provided your PD is current).
Good luck in your porting. If you decide to wait until EB3I becomes current without porting, you are going to wait for a long time. I would suggest that anyone with a PD of Jan 2003+ to start your porting process. For the others, I'd suggest you wait it out as in the time it takes to do the porting, your 485 in EB3 will be approved.
There are many EB2 I & C waiting to file their AOS applications. Anyone that missed the 2007 and 2008 windows, are eagerly waiting to file. It is estimated that there are a few thousand primary applicants in EB2 alone, each year from 2007 to 2010.
As a result, it is very unlikely that EB3 I will advance apart from its annual allocation of approximately 2800 visas. At the current rate, it will be three years before EB3 I 2002 is cleared, and many more years for the other years. In the meantime, there will be more applicants in EB2 category, thereby preventing your applications from being approved.
The options that lie before you are the passage of CIR, removal of country limits (which again is invariably tied to CIR), porting to EB2. The only option that is within your control is porting.
I would highly suggest that you use that option rather than rely on a change in law - a law that we have seen being dangled before us like a carrot for the past four years.
If you have been given a promotion or even offered one, take that. Contrary to what someone says about not being able to use experience in your current company, that is wrong to a certain extent. Experience in your current company in your current position cannot be used. But, experience in a different position in the same company can be used as experience to your EB2 status.
Take your promotion, and have the employer file a new labor petition. During the I-140 stage, port your EB3 priority date to your EB2 petition, and pretty much your 485 will be approved along with your 140, if not a few weeks after that (provided your PD is current).
Good luck in your porting. If you decide to wait until EB3I becomes current without porting, you are going to wait for a long time. I would suggest that anyone with a PD of Jan 2003+ to start your porting process. For the others, I'd suggest you wait it out as in the time it takes to do the porting, your 485 in EB3 will be approved.
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Cheran
11-11 02:13 PM
I am pasting a reply from my Fragomen Lawyer. Even though he screwed me royally, he was always on the money when it come to any prediction. So he says it will be another couple of years for 2003 EB3 Cases, I am going to take his word....
" Thank you for your e-mail. I regret that I do not have a basis to estimate whether your case will be approved in 2008/2009 as they are currently on October 1, 2001 for EB-3 cases from India. In the meantime I would say that the process could last approximately another two years before an immigrant visa becomes available under EB-3/India."
" Thank you for your e-mail. I regret that I do not have a basis to estimate whether your case will be approved in 2008/2009 as they are currently on October 1, 2001 for EB-3 cases from India. In the meantime I would say that the process could last approximately another two years before an immigrant visa becomes available under EB-3/India."
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GreenCard4US
07-16 09:12 PM
Someone mentioned that IV has the same web fax facility. Can someone tell us how to use this facility. I registered with the numbersusa site and used their own fax to send out our message. I used the first name, last name and address form fields to put in our message like, "Bunch of Lies", "H1 pay all taxes", Numbersusa is spreading false information". Lets beat them at their own game by sending faxes ourselves and also using their fax service to spread our message. If its a good idea, please register on their site and send out faxes with our message.
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yetanotherguyinline
06-11 03:27 PM
Letter printed out and mailed via snail mail.
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thirdworldman
02-16 08:50 PM
I tend to sterr away from nurbs and use polygons exclusively...most 3d packages now (max, maya, xsi, lightwave, etc.) have really improved upon polygonal modeling, having added features such as subdivision surfaces (or sub'd's). This is great for any type of model, whether it be architectural or organic. Some people argue that Sub D's have rendered nurbs obsolete (no pun intended). I personally use XSI, but this is a new standard modeling method that can be applied to almost any program. Google the term, and see if there are any good tuts out there for your program.
In a nutshell, Sub D's allow you to work on a low density object, while in real-time, a virtual high resolution copy of that object is updated. The beauty of this lies in the ability to create organic nurbslike objects) with very little work, with even more accurate results than what can be achieved with nurbs. On the flipside, almost all architectural/structural modeling should be built with polys in the first place. I hope that helps, and if you need any more pointers about Sub D's, let me know.
In a nutshell, Sub D's allow you to work on a low density object, while in real-time, a virtual high resolution copy of that object is updated. The beauty of this lies in the ability to create organic nurbslike objects) with very little work, with even more accurate results than what can be achieved with nurbs. On the flipside, almost all architectural/structural modeling should be built with polys in the first place. I hope that helps, and if you need any more pointers about Sub D's, let me know.
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HOPE_GC_SOON
08-02 03:13 PM
Folks,
This is a good beginning for a cause which gives us some relief in these retrogressed life.
We can atleast propose to USCIS, to accept 485 (if not approval), for those case, where I140 is approved, and the approval can be given in the normal PD schema.
This would lessen the burden on USCIS and facilitate the GC applicant to avail of AC21 PROVISION.
Also, we can highlight here that EAD renewal could be a great source of revenue for USCIS.
Please start this movement.
best wishes and thanks for all the great Volunteers.
No doubt if, IV wish, it can achieve... No Wonders
thanks
To the core group/Senior Members,
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
This is a good beginning for a cause which gives us some relief in these retrogressed life.
We can atleast propose to USCIS, to accept 485 (if not approval), for those case, where I140 is approved, and the approval can be given in the normal PD schema.
This would lessen the burden on USCIS and facilitate the GC applicant to avail of AC21 PROVISION.
Also, we can highlight here that EAD renewal could be a great source of revenue for USCIS.
Please start this movement.
best wishes and thanks for all the great Volunteers.
No doubt if, IV wish, it can achieve... No Wonders
thanks
To the core group/Senior Members,
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
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singhsa3
02-21 02:08 PM
Can some expert do the following analysis:
a) How many projected EB2+EB3 (yes combined) for India for period 2003 and before, 2004 , 2005, 2006.
a) How many projected EB2+EB3 (yes combined) for ROW for period 2003 and before, 2004 , 2005, 2006.
The reason I am requesting to combine EB2 and EB3 is that it is impossible to know which labor was filled under which category, thus no point in doing that division.
a) How many projected EB2+EB3 (yes combined) for India for period 2003 and before, 2004 , 2005, 2006.
a) How many projected EB2+EB3 (yes combined) for ROW for period 2003 and before, 2004 , 2005, 2006.
The reason I am requesting to combine EB2 and EB3 is that it is impossible to know which labor was filled under which category, thus no point in doing that division.
more...
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gcma08
06-06 07:44 PM
My PD is Jan 2004 (EB2-RIR, India), I filed thru NSC
Which service center are you form?
Which service center are you form?
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GCKaMaara
04-07 10:52 AM
I would not say people are intentionally lying but fact accuracy deters when transferred from one mouth to another. I would only rely on first hand information.
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jamesbond007
05-27 05:32 PM
I-485 application instructions (http://www.uscis.gov/files/form/i-485instr.pdf) ask you to make photocopies of your passport.
They should probably add to the instructions: "Do not go to Kinkos and ask for help to make photocopies. Do-it-yourself." :D
They should probably add to the instructions: "Do not go to Kinkos and ask for help to make photocopies. Do-it-yourself." :D
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ewana
08-26 12:11 AM
Thanks willigetagc and sayantan76 for your reply.
According to company lawyer i am preliminary discussing this issue with, she mentioned the EB1 can take 12-18 months at best, that why the concern that the foreign office might be close by then. I'm not from India/China, so there should be no priority date issue. How realistic do you guys think is it to get the whole process done in 90 days or so as mentioned sayantan76 ?
willigetagc, you mentioned about getting the EAD quickly. Once you got your EAD , does it mean that you will be still be on status even if the foreign office is closed by that time ?
H1B is probably the last option due to low probability of success and I would probably be out of status by that time.
Can you guys recommend some good immigration lawyer that you or your friends used that I can probably consult (I'm in the LA area) ? My email is ewana@gmail.com (in case it is now allowed in the forum or for privacy purposes). I'm the only employee on working visa on the company and it seems like the company lawyer is not very adept with immigration stuff.
Thanks a lot for all your help. greatly appreciate it.
According to company lawyer i am preliminary discussing this issue with, she mentioned the EB1 can take 12-18 months at best, that why the concern that the foreign office might be close by then. I'm not from India/China, so there should be no priority date issue. How realistic do you guys think is it to get the whole process done in 90 days or so as mentioned sayantan76 ?
willigetagc, you mentioned about getting the EAD quickly. Once you got your EAD , does it mean that you will be still be on status even if the foreign office is closed by that time ?
H1B is probably the last option due to low probability of success and I would probably be out of status by that time.
Can you guys recommend some good immigration lawyer that you or your friends used that I can probably consult (I'm in the LA area) ? My email is ewana@gmail.com (in case it is now allowed in the forum or for privacy purposes). I'm the only employee on working visa on the company and it seems like the company lawyer is not very adept with immigration stuff.
Thanks a lot for all your help. greatly appreciate it.
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peer123
07-13 09:20 AM
Agree, she is just trying to cash on the momentum and probalby later claim credit if favorable changes are made. But , it should not bother us as it only going to help us and not hurt us.
I agree with you,... Lets accept it. Nothing is FREE in this world...
There is something called corporate alignment in every aspect of the business. She doing it - if it helps her as well as us. So be it.
we should be able to combine all forces and go at it....
I agree with you,... Lets accept it. Nothing is FREE in this world...
There is something called corporate alignment in every aspect of the business. She doing it - if it helps her as well as us. So be it.
we should be able to combine all forces and go at it....
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frostrated
06-11 03:02 PM
As most of you know, Sen. Grassley has of late been advocating bills against the immigrant community. According to wikipedia, his approval rating is at 50% last year. He is up for re-election this year and his Democratic opponent is quite strong. If the Tea Party can help Republicans, so can we help the democratic candidate.
From wikipedia:
According to the nonpartisan Center for Responsive Politics, the industries that have been the largest contributors to Grassley during his political career are health professionals ($1 million in contributions), insurance industry ($997,674), lawyers/law firms ($625,543) and pharmaceuticals/health products ($538,680). His largest corporate donors have been Blue Cross Blue Shield insurance, Amgen biotech company and Wells Fargo bank.[39]
Looks like his main contributors are the very people that drove America to its current state by their greed for wealth and power. We can use this to spread the message that Sen. Grassley is not for the common people but for the large corporations that are out to get your money. The anti-incubment wave is also strong, and if we can vote him out, we can avoid many anti-immigrant bills to come. At the same time, we also need to get the other anti-immigrant senators out of power too and help those with positions to make America strong again. No more taking America backward, we must move it forward and so should we.
From wikipedia:
According to the nonpartisan Center for Responsive Politics, the industries that have been the largest contributors to Grassley during his political career are health professionals ($1 million in contributions), insurance industry ($997,674), lawyers/law firms ($625,543) and pharmaceuticals/health products ($538,680). His largest corporate donors have been Blue Cross Blue Shield insurance, Amgen biotech company and Wells Fargo bank.[39]
Looks like his main contributors are the very people that drove America to its current state by their greed for wealth and power. We can use this to spread the message that Sen. Grassley is not for the common people but for the large corporations that are out to get your money. The anti-incubment wave is also strong, and if we can vote him out, we can avoid many anti-immigrant bills to come. At the same time, we also need to get the other anti-immigrant senators out of power too and help those with positions to make America strong again. No more taking America backward, we must move it forward and so should we.
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reddymjm
06-03 05:01 PM
dont do it ..on L1A under NIW he/she can get a GC without labour. Just file I140 and then 485 NIW ..that would be really stupid to move L1A to H1B
Then wait for 180 days to take advantage of AC21.
Then wait for 180 days to take advantage of AC21.
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diptam
07-02 07:53 PM
Ramus,
I did that in the afternoon but the GOOGLE status is showing "In Process"
is that okay ? Here are the details :-
Order Details - Jul 2, 2007 2:22 PM EDT
Google Order #669480843461078
Thx,
Diptam
Thank you.. Please ask others to contribute.
I did that in the afternoon but the GOOGLE status is showing "In Process"
is that okay ? Here are the details :-
Order Details - Jul 2, 2007 2:22 PM EDT
Google Order #669480843461078
Thx,
Diptam
Thank you.. Please ask others to contribute.
more...
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gccovet
02-19 01:09 PM
That's exactly what I wanted to ask! How on earth are they going to prove a presence?
1. Drivers license (that only shows the date they started)
2. Utility bills (is that possible?)
3. Bank statements (I'm not sure if undocumented ones get accounts)
4. Employment proof (right...)
5. Real estate titles
I'm not saying they can't, but trying to think how...
IRS accepts illegals to file IRS Tax returns. Many of the illegals do that (they use ITIN #'s instead of SS#).
http://www.nytimes.com/2007/04/16/nyregion/16immig.html
http://www.associatedcontent.com/article/216870/illegal_immigrants_file_tax_returns.html
GCCovet
1. Drivers license (that only shows the date they started)
2. Utility bills (is that possible?)
3. Bank statements (I'm not sure if undocumented ones get accounts)
4. Employment proof (right...)
5. Real estate titles
I'm not saying they can't, but trying to think how...
IRS accepts illegals to file IRS Tax returns. Many of the illegals do that (they use ITIN #'s instead of SS#).
http://www.nytimes.com/2007/04/16/nyregion/16immig.html
http://www.associatedcontent.com/article/216870/illegal_immigrants_file_tax_returns.html
GCCovet
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StarSun
02-10 11:35 AM
Can anyone suggest hotels and/or if already booked can you post those hotel name & locations?
Also, just a suggestion, this thread is getting complicated as far as matching donors with travelers is concerned... May be create a Google spreadsheet with all the donors (miles, accommodations) and match them with travelers from just one central location?
Need a volunteer to coordinate the air miles. Please contact me.
Also, just a suggestion, this thread is getting complicated as far as matching donors with travelers is concerned... May be create a Google spreadsheet with all the donors (miles, accommodations) and match them with travelers from just one central location?
Need a volunteer to coordinate the air miles. Please contact me.
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nixstor
07-02 10:46 PM
Guys,
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
retrohatao
02-16 10:11 AM
willgetgc2005,
I aggree totally. This forum somehow started with a lukewarm response to the issue. Two things come to my mind.
1. The folks are not aware of the issue (or)
2. Most of the folks are just at the first stage of the process and think that retrogression is the only bottleneck.
Please add this as the one of the hot issues to help one and all.
I aggree totally. This forum somehow started with a lukewarm response to the issue. Two things come to my mind.
1. The folks are not aware of the issue (or)
2. Most of the folks are just at the first stage of the process and think that retrogression is the only bottleneck.
Please add this as the one of the hot issues to help one and all.
imneedy
05-06 08:03 PM
We thought the same way 3 years ago, 2 years ago, and last year too, but nothing happened, it could be another year and we could be sitting here in same situation 2 years from now. Question is when IV has already collected money for FOIA request than why it is not proceeding in that direction ? We get it in time or not is not the question now....
I second that
I second that
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