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  • abstractvision
    03-19 01:15 PM
    Question on AOS processing based on PD/RD - Currently, EB2 INDIA is Dec 03. Assuming May 08 VB goes to Jan 03 (EB2 INDIA) , will the EB2 INDIA AOS applications with Feb - Dec 03 PDs still get processed??


    My understanding is that at the time of approval, priority date of the petition must be in accordance with current visa bulletin for visa number availability.

    In short, in my opinion..the answer is NO





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  • mchundi
    07-24 10:32 AM
    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 ??
    In the recently released ombudsman's report there was a concern that USCIS is giving EAD's for all AOS applications without checking the case and later rejects 20% of the cases.
    It might be tough to push them to take a decesion like this.
    On the other hand the hospital and doctor's lobby is going to push for some more relief for the nurses VISA numbers if the CIR doesnot materialize this year, If that happens we can try and lobby to attach some of our issues to that.
    --MC





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  • pappu
    04-23 10:18 AM
    This meeting was a success since IV was able to display support for the bill and also then follow up after the meeting. IV core members worked hard to make this event a success and we are happy to report this. We did get an irresponsible member gautamagg in this event by using IV's name and asking a wrong question. This Q and A session should have been used to talk about the general issues of the organization members and that IV fully supports the bill that brings relief to us. And not asking if this congressman can get me a F1 visa because I don't want to spend $100 and ask this question to a lawyer. Or saying I am getting a 100K salary now and if I get my greencard I can get 120K salary and I am very depressed because of that. It is really tough to discipline everyone coming to the meetings and making sure each question will be well thought of and coordinated. There are definitely some lessons learnt after such representations in public meetings.

    Many thanks to gsc999 for bringing a banner and wearing IV t-shirt. We also want to acknowledge his contributions of over $1K to immigrationvoice and wish we have more members like him. Many thanks to members who helped us call all CA members and ensured we have a good turnout. Our success will be very close if we have such committed and responsible members.

    Members are requested to be mature and responsible in such meetings. If you are using IV’s name and IV has invited you for the meeting, you are representing all 10,700+ members and you are their voice.





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  • karanp25
    07-14 06:28 PM
    Sorry for asking too many questions. One more thing is when did you get this RFE? I am in similar situation---used AC-21 and applied for EAD back in first week of May 2008, but nothing yet from NSC. I was with my GC sponsoring employer for more than 6 months though and I-140 was approved back in 2005.

    I filed EAD renewal on May 28 2008.
    Service Center: Nebraska



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  • El_Guapo
    11-13 10:25 AM
    The 1st quarter ends Dec 31. So technically, USCIS has until that to allocate the total of 35,000 visas. Now, let's assume they have only approved 5000 visas across all categories thus far, then that doesn't mean they can go and allocate the remaining 30,000 in December to the retrogressed countries.

    I think the way the spillover works (except for the last month of last quarter) is at the end of the quarter (technically Jan bulletin is published around Dec 15) based on the demand for the last 2 weeks for that quarter, USCIS will spillover visas. So I think we should wait until the Jan bulletin that comes out in December before we push for a lawsuit. If you want to send letters to people, then so be it, but I am pretty sure USCIS is well within its operating procedure wrt spillover. If spillover doesn't happen in the Jan bulletin, then we have ground for a strong case.





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  • BharatPremi
    03-12 04:38 PM
    a. Background check: They are currently doing my background check. How long does it take to complete this process? Even though I do not have any bad history still a little nervous. Is there anything I need to know about this?
    Sathyaraj

    I am assuming here that you referred Background Check done by future employer as a part of employment offer before granting you the final offer. In that case mostly your employer might have contracted that to third party. And if that would have been the case then it solely depends upon where you resides now and how many states you have moved so far from the date of first entry in uSA and what kind of new implementation all those states may have. Some states even gives "Red Flag" for traffic violation such as speeding. What happens is that, that third party would see only "red flag" and would not come to know about underlying cause of the "red flag". So as a process that third party first come to your future employer notifying about this " red flag". Then your employer decides to query that further having signature from you and would notify third party to dig further and then third party will go to state police to know the underlying cause and state police will work on that by taking fee and and some point of time it will say " hey he had traffic violation". So it may eat up 3 to 4 months to finish the whole cycle and ball is in your employer's court whether to hire you or wait to hire till then. Most companies hire without wasting time and afterwards if something really serious feedback comes in will boot you otherwise you will be fine.



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  • PD200711
    06-11 01:03 PM
    Sent to my Senators (NC)





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  • gk_2000
    08-11 05:08 PM
    Guys,

    I have thought of one more idea..

    We know very well that by current interpretation EB3 is permanently fixed to the back of the line. NO EB3 will get processed until the last EB2 who files in the year 2013 gets approved, (counting out the regular quota).

    And why are we here? Many believe (or know) that it is because of the 245(i) amnesty signed by Clinton and Bush.

    Isn't it ironic that the illegals that were put in the line are not being moved back as the line expands? Why only we legals? Maybe there is some scope to challenge the 245(i) visa number allocation and point out that legal immigrants are waiting in line then how can you admit illegals in front

    Anyone having the facts and numbers of 245(i)?



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  • crazyghoda
    01-30 02:15 PM
    Wow! Thanks a lot for posting such detailed RFE information. This really helps a lot in understanding what I may be asked.

    My GC sponsoring employer revoked my H1 last year itself. I could see the change in status back then itself within a month of having left them. Nothing happenned after that. I got a new H1 from my (then) new employer and things continued as before. This employer has not yet revoked my H1 (from what I can see) and its probably because they are almost going under. There are less than 25 people left in the company so I doubt that they will have spent the money to go and revoke all the H1s of the folks they laid off.

    Maybe its like someone suggested - USCIS is pre-processing my 485 based on received date since I mailed my app very early on in July 2007.

    Hi had an RFE when my dates were not current. Here is the scan of my RFE notice.
    Hope the scan helps you prepare in advance the necessary documentation.

    http://i22.photobucket.com/albums/b337/sprash/RFEMine.jpg
    http://i22.photobucket.com/albums/b337/sprash/RFEWife.jpg

    I had discussed this in the following thread:
    http://immigrationvoice.org/forum/showthread.php?p=296497#post296497


    My *guess* is that the revoking of previous H1b has triggered this RFE --- When my wife's previous employer canceled her H1b it took a few months before her already approved h1b petition was reopened (as per USCIS online).

    The suspense must be terrible!

    Good luck.





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  • starscream
    09-10 09:25 PM
    Can anyone plz updae what happened to HR 5882 - did the house judiciary commitee pass the bill



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  • abhathakur
    03-08 11:30 PM
    The last time I managed to ping an admin assistant level person at the Records and Information Dissemination Section at FBI that is responsible for NNCP, she said the analysts were looking at the 2002/2003 files and this was when I called in November 2005 (No amount of cajoling or pleading or trickery would make her say a word beyond that, very intimidating the female!!!). I am not sure if the 2002/2003 was a reference to the receipt date or the priority date, my guess is it must have been the receipt date of the I-485 application.

    Considering the receipt date of my application is in Nov., 2004...it is going to be a wait and the India EB-2 Visa availability in the interim for my PD can pretty much oscillate from being available to not and back and I'll still be waiting!!!

    Anyway, it was good to know through a privacy act request to the FOIA division of the FBI that the index check in their central name check database produced no hits for me.....now if their NNCP bretheren would come to the same conclusion SOON, that would be something!!! By the way, I spoke with the FOIA liasion at the FBI and he did say that the NNCP department was in the process of making status inquiry possible again...dunno how long thats gonna take though!

    On a different note, have made my second contribution to IV and have inspired an impacted friend to do the same and have exhorted others to make a contribution as well....my reason for aligning with IV, I like to fight the right fight not just because it is my fight right now.





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  • file485
    07-28 09:48 AM
    that is the catchy situation...I think this employment letter from the GC sponsored employer is required until we get the GC into our hands..so the sooner we get out of this cycle the better..or else we can be asked for a fresh employment letter in an RFE which is a sticky situation for many employers/employees



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  • fcres
    07-24 05:08 PM
    Good for you!
    How he is going to send means waiting till RN or send without RN.
    Please confirm.

    I have RN, i'm a June filer





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  • reddymjm
    08-16 06:57 PM
    Hi Guys,

    I got an LUD on 8/14 on mine and my wifes I485s and also on the first EADs filed along with the 485. Anything cooking? I did change my employer in Feb 2010 and yet to file AC21. If any one had similar LUDs please post.

    Thanks



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  • svr_76
    02-18 05:55 PM
    This is for the great aid of the undocument folks....this bill is meant more for them not for us folks...


    Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.





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  • nomi
    12-13 11:01 AM
    I needed a few days to digest the argument I had last week with some members. I've been reading this entire thread since yesterday and it all make sense to me; it seems a very logic and smart thing to do, so count on me.


    my Friend,

    don`t worry about any arguments you had in past. I say sorry if some member say something wrong or unlogical. Please don`t waste your energy in negative thinking and come and help all of us and be our hero in this hard time. we are all here for same cause and we should be united as team and focus like a laser beam.

    We need you and every member is most valueable part of IV and consider him or her right hand of core team.

    I hope you got my point and let`s come and join us along with IV core team with this new option.

    thx.



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  • amitjoey
    01-18 12:36 PM
    I've been following this Forum daily for more than
    two years and never seen any achievement by Core group or
    their lobbysts!
    Why should I contribute this time?
    Thanks

    The question to ask is what should/can I do to help the core with this effort.
    Not be a arm-chair critic. I know, you seem to be just frustrated, I am sure you are not questioning the core and their efforts. This is our year and we are going to be successfull this year. Nothing meaningfull can be achieved without struggle.





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  • yabadaba
    02-20 03:08 PM
    googler u r the new berkeleybee!!

    can u call him in a few weeks and ask him what was the number of eb2 india pre-dec 2003 that he got from uscis?





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  • bskrishna
    07-03 12:31 PM
    There have been cases of folks using L1 A Visa. Big outsourcing companies (US & Indian- Does not matter) routinely file for L1 A (intra company transferee - Managerial) when the person is clearly not performing managerial job. Once on L1 A, folks can file for EB1 and get a GC very soon as it is mostly current. I have seen cases in the past like this. I do not know the status now, as DOL is coming down heavily with audits on PERM applicants. This is one area where only deserving people need to be awarded. This post is not to blame anyone, but people do use this Grey area I suppose to their benefit.





    nat23
    06-12 03:01 PM
    I think the whole discussion can be summed up in the following manner: The CIR in its present form does more harm to us than good. If we can manage to get a favourable amendment attached then we are in good shape else we are in trouble.

    People might approach the issue in different ways:some might want to take a chance and work on it to get an admendment and some might not want to support it fearing an amendment wont be possible.





    ramus
    07-02 08:16 PM
    Thanks.. Please ask others to contribute..


    Contributed $100 in the evening