
seahawks
07-25 01:47 AM
Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.
I concur, otherwise there won't be a IV forum or confusion and pain that everyone going through retrogession is facing, will we?
I concur, otherwise there won't be a IV forum or confusion and pain that everyone going through retrogession is facing, will we?
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amitpan007
06-06 04:31 PM
Hi bodhi_tree and amitpan007,
Were there any LUD's on your application before the approval?
Thanks.
No LUDS since 20-JUL-07 for FP.
Were there any LUD's on your application before the approval?
Thanks.
No LUDS since 20-JUL-07 for FP.

acecupid
07-03 11:47 AM
Taking a benefit of one group, then distribute the pain across the board is not fair to ROW applicants. This is not the solution. You cannot say to us ROW people that we don't understand the fustration of waiting for our GC as well.
I think its ridiculous that some family takes up to 4 GC from the EB GC pool, why don't you make a petition to state that only EB GC goes to EB primary applicant while your family takes up family based GC. Unless your wife and kids are hired to work as the rest of us, them taking EB based GC is unfair to the rest of us who don't have a family.If you petition to eliminate country EB GC only to the primary applicant, then fine....i am all for it, but if you add your wife and kids to it, i say no.
If you call it re-distribution of pain, I would call it sharing the pain. I think its high time ROW candidates felt the pain which we non-ROW have suffered for a long time. You are objecting just because you are on the better side and wish to continue with the better bargain. If you think about it as a EB group in general, then its absolutely ridiculous that there should be country limits for EB category GC when there is no limits on H1B which is the primary route for most EB category GC applications. I completely agree with you on the family quotient of your arguement, they should not get the GC numbers which is meant only for primary EB applicant. Not that I want families to suffer, but the family GC numbers for EB applicants should not count towards GC number cap.
I think its ridiculous that some family takes up to 4 GC from the EB GC pool, why don't you make a petition to state that only EB GC goes to EB primary applicant while your family takes up family based GC. Unless your wife and kids are hired to work as the rest of us, them taking EB based GC is unfair to the rest of us who don't have a family.If you petition to eliminate country EB GC only to the primary applicant, then fine....i am all for it, but if you add your wife and kids to it, i say no.
If you call it re-distribution of pain, I would call it sharing the pain. I think its high time ROW candidates felt the pain which we non-ROW have suffered for a long time. You are objecting just because you are on the better side and wish to continue with the better bargain. If you think about it as a EB group in general, then its absolutely ridiculous that there should be country limits for EB category GC when there is no limits on H1B which is the primary route for most EB category GC applications. I completely agree with you on the family quotient of your arguement, they should not get the GC numbers which is meant only for primary EB applicant. Not that I want families to suffer, but the family GC numbers for EB applicants should not count towards GC number cap.
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zuhail
03-10 11:25 PM
Hello,
I really think that if we just pursue aggressively on one and only item: Recapturing visa numbers, we would succeed.
The moment you add anything to the bill that is to related to H1B revaildation inside US, eliminating per country quota limits or filing I485 when the dates are not current etc, the bill would be definitely doomed. Strictly no mention of anything else in the bill.
Also most importantly the visa recapture efforts have to be concentrated for the Employment Based Categories ONLY. If we include the Family Based Category, we would lose the debate due to current high unemployment rate.
I think that this is the only way to solve the retrogression issue -- to focus on only re-capturing visa numbers for use in Employment-Based Categories for educated foreign born professionals already employed in US.
I sincerely hope that IV administrative team considers this item seriously and assign the highest priority and start fund raising immediately.
By the way as for Mr.coopheal, I am not sure how updating my personal profile with all the filing dates accurately would matter at all for our discussion. Who gives a rat's ass about my filing dates anyway?.
I really think that if we just pursue aggressively on one and only item: Recapturing visa numbers, we would succeed.
The moment you add anything to the bill that is to related to H1B revaildation inside US, eliminating per country quota limits or filing I485 when the dates are not current etc, the bill would be definitely doomed. Strictly no mention of anything else in the bill.
Also most importantly the visa recapture efforts have to be concentrated for the Employment Based Categories ONLY. If we include the Family Based Category, we would lose the debate due to current high unemployment rate.
I think that this is the only way to solve the retrogression issue -- to focus on only re-capturing visa numbers for use in Employment-Based Categories for educated foreign born professionals already employed in US.
I sincerely hope that IV administrative team considers this item seriously and assign the highest priority and start fund raising immediately.
By the way as for Mr.coopheal, I am not sure how updating my personal profile with all the filing dates accurately would matter at all for our discussion. Who gives a rat's ass about my filing dates anyway?.
more...

zram1977
06-08 06:08 PM
Welcome to the club, China! :D
What is the status of unused Eb1 /Eb2 visas of ROW?
Will it spill over or be wasted?
GOK
What is the status of unused Eb1 /Eb2 visas of ROW?
Will it spill over or be wasted?
GOK

leoindiano
03-17 01:05 PM
As i said, eb3 to eb2 porting is not easy....Unless, there is very strong case, like applicant having US Masters degree but employer filed in EB3 for reasons they only know....
Read this story...
http://immigrationvoice.org/forum/showthread.php?t=13810
Read this story...
http://immigrationvoice.org/forum/showthread.php?t=13810
more...
kpchal2
07-18 10:01 AM
what should we ask them for if we call, 'coz they might not have entered our file in their system yet.
Is it possible to ask them if they have the file with them and ask them to do a name check on the applications or some kind of relevant information related to the application. i am sure they should have put the files some where with some easy to identify tags. can some one call the uscis, i am planning to do with the nexy 40 min as that is when it is 8 here in the pacific coast :-)
Is it possible to ask them if they have the file with them and ask them to do a name check on the applications or some kind of relevant information related to the application. i am sure they should have put the files some where with some easy to identify tags. can some one call the uscis, i am planning to do with the nexy 40 min as that is when it is 8 here in the pacific coast :-)
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crazyghoda
01-30 01:50 PM
Yes I filed on July 5th 2007.
When do the medical tests run out. I did mine sometime in June 2007. I recall someone mentioning that you need to keep doing those every "x" months or something. Is that true?
When did you file ur 485, i mean exact date? If you filed very early during July'07 fiasco, probably they started pre-adjudication process based on the receipt date.
When do the medical tests run out. I did mine sometime in June 2007. I recall someone mentioning that you need to keep doing those every "x" months or something. Is that true?
When did you file ur 485, i mean exact date? If you filed very early during July'07 fiasco, probably they started pre-adjudication process based on the receipt date.
more...

485Mbe4001
06-08 11:57 AM
I would agree with the others that name check is a black hole. I had contacted congressman and senators during 'meet the lawmakers', but my contact at the congressmans office said that there is nothing that he can do to help me expediate the name check.
After 3.5 years waiting for my PD to be current i took an infopass appointment only to find out that i am stuck in name check. I had no reason to think about namecheck, i dont even have a parking ticket. Even the immigration officer said that there is nothing much he can do about it. For all other RFE's etc we can provide documentation etc. there is nothing you can do to speed up your name check. if you are stuck then just pray that you get out of this hell hole.
There is a yahoo group called namechecktrackker that was started by an IV member, it has about 1000 members.
FBI has also stopped responding to congressional requests and WOM. refer to aytes memo of Dec 2006
http://www.cyrusmehta.com/related/Ayetes_Memo_on_Name_Checks.pdf
I would actually also suggest requesting a meeting with both senators and congressperson in your area, rather than sending a webfax.
After 3.5 years waiting for my PD to be current i took an infopass appointment only to find out that i am stuck in name check. I had no reason to think about namecheck, i dont even have a parking ticket. Even the immigration officer said that there is nothing much he can do about it. For all other RFE's etc we can provide documentation etc. there is nothing you can do to speed up your name check. if you are stuck then just pray that you get out of this hell hole.
There is a yahoo group called namechecktrackker that was started by an IV member, it has about 1000 members.
FBI has also stopped responding to congressional requests and WOM. refer to aytes memo of Dec 2006
http://www.cyrusmehta.com/related/Ayetes_Memo_on_Name_Checks.pdf
I would actually also suggest requesting a meeting with both senators and congressperson in your area, rather than sending a webfax.
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justAnotherFile
07-01 09:59 PM
in 2005 visa bulletin...
http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html
they are clearly violating their own stated policy.
it also proves that the USCIS rate of adjudication was very slow until june 13, and they have been doing extraordinary efforts to approve petitions since then to avoid the predicament of recieving 200K applications on july 2.
I guess they have 40 K approvable/approved petitions by today. And are going to use up those tomorrow to make numbers unavailable and force DoS hand.
But question is how long does it take for the USCIS to request and recieve those numbers on MOnday.
WHAT CAUSES THE ESTABLISHMENT OF CUT-OFF DATES?
The Visa Office subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.” For example, if the Employment Third preference monthly target is 5,000 and there are only 3,000 applicants, the category is considered “Current”.
Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number. For example, if the Employment Third preference monthly target is 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.
http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html
they are clearly violating their own stated policy.
it also proves that the USCIS rate of adjudication was very slow until june 13, and they have been doing extraordinary efforts to approve petitions since then to avoid the predicament of recieving 200K applications on july 2.
I guess they have 40 K approvable/approved petitions by today. And are going to use up those tomorrow to make numbers unavailable and force DoS hand.
But question is how long does it take for the USCIS to request and recieve those numbers on MOnday.
WHAT CAUSES THE ESTABLISHMENT OF CUT-OFF DATES?
The Visa Office subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.” For example, if the Employment Third preference monthly target is 5,000 and there are only 3,000 applicants, the category is considered “Current”.
Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number. For example, if the Employment Third preference monthly target is 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.
more...

maddipati1
01-30 01:39 PM
What I am not understanding is - why are they even looking at my case now? There are 4 years of applicants ahead of me, why cant the USCIS process those applications first?
I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.
When did you file ur 485, i mean exact date? If you filed very early during July'07 fiasco, probably they started pre-adjudication process based on the receipt date.
I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.
When did you file ur 485, i mean exact date? If you filed very early during July'07 fiasco, probably they started pre-adjudication process based on the receipt date.
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$eeGrEeN
06-22 12:58 PM
When you get 485 approval you will not need EAD or AP :D
It's OK to file for EAD and AP yourself, I did it 4 times but you need I-485 receipt notice and I-140 receipt and then approval notice to do that. So if you are wiling to wait till your lawyer get notices (it could be months for those who are filing in July) and your employer and lawyer will provide you a copy of all notices - it's fine to file yourself.
correct me if i'm wrong , but you can get 140 approval notice requesting thru' FOI Act don't u ...
so after 6 months of filing 485 ( given that u have the receipt notice ) u r pretty much free to take your process with u.
It's OK to file for EAD and AP yourself, I did it 4 times but you need I-485 receipt notice and I-140 receipt and then approval notice to do that. So if you are wiling to wait till your lawyer get notices (it could be months for those who are filing in July) and your employer and lawyer will provide you a copy of all notices - it's fine to file yourself.
correct me if i'm wrong , but you can get 140 approval notice requesting thru' FOI Act don't u ...
so after 6 months of filing 485 ( given that u have the receipt notice ) u r pretty much free to take your process with u.
more...
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prioritydate
12-20 03:59 PM
Folks, I didn't worked for an year(2001) due to, you know what I am saying....
Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(
Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(
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485InDreams
09-26 10:19 AM
Thanks all and to the blogger who found this.... This thread make me believe...
Revolution - People of common interest meet...
Collusion - People of different interest meet
Revolution - People of common interest meet...
Collusion - People of different interest meet
more...
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yabadaba
09-10 12:10 PM
So are you coming then?
Thanks.
yes
Thanks.
yes
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bayarea07
08-06 07:46 PM
Read Post above yours and you will have the answer.
Hello Gurus.
My wife's and my I-485 status changed to 'Card Production' . PD Jan 2006.
My wife is in India and scheduled to return on 25th of August on Valid AP. My question is if my can still use to AP to enter USA ?
Appreciate your inputs.
Thanks
Mo
Hello Gurus.
My wife's and my I-485 status changed to 'Card Production' . PD Jan 2006.
My wife is in India and scheduled to return on 25th of August on Valid AP. My question is if my can still use to AP to enter USA ?
Appreciate your inputs.
Thanks
Mo
more...
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kshitijnt
03-10 05:22 PM
Well PDs have to move forward. Else USCIS will have to approve EADs and APs for 2 years thus reducing their revenue. Cant see how USCIS will manage its budget given that they are funded by immigrants unless they want to move their personnel to ICE to deport people.
But once most of the immigrants are deported, I wonder what will these guy do :-d
But once most of the immigrants are deported, I wonder what will these guy do :-d
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Tito_ortiz
02-28 01:03 PM
If you tired, why do you keep reading it? I think it is so irrational trying to admonish others.
I am tired of listening to depressing economic news and beating dead horse on this forum. I know you are also tired, but trust me this doesn't help anyone. I can say this because I come from area dependent on free-falling auto-industry ... yeah I am from Detroit.
Times may be tough, but we are making tougher for ourselves by re-hashing these bleak developments. Remember misery attracts misery!
I am tired of listening to depressing economic news and beating dead horse on this forum. I know you are also tired, but trust me this doesn't help anyone. I can say this because I come from area dependent on free-falling auto-industry ... yeah I am from Detroit.
Times may be tough, but we are making tougher for ourselves by re-hashing these bleak developments. Remember misery attracts misery!
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sanju
04-04 03:43 PM
You are confused on this. IEEE is against increase of H1B visas. They have never said anything about GCs. If they have, show me where.
That is a good question. And here is a reply to that.
Why does IEEE oppose H1? Because its members do not like competition from people whose profile match IV members i.e. people on H1B. If IEEE would be in love with green card and people waiting on green card, they would not support John Miano and his testimony. IEEE-USA's memberships consist of middle aged racist engineers who cannot keep up with the competition from mostly Asian younger workers. In the 80s and 90s, they were talking about globalization and its benefits as they got a jump start to get most of the global work. Now, other people in other nations have caught up and same globalization is causing them to pee in their pants. They understand that globalization is good for the country and the society. But what is good for the nation is not always good for each and every individual. So to save their lazy ass, they now want protection from their government, without realizing that if they get the protection they are seeking, they will not be able to enjoy that protection for very long as the companies will be compelled to look for more efficient and cost effective ways to do work.
Anyways, answer to your question is in your question i.e. How could someone be against H1b and for green card?
That is a good question. And here is a reply to that.
Why does IEEE oppose H1? Because its members do not like competition from people whose profile match IV members i.e. people on H1B. If IEEE would be in love with green card and people waiting on green card, they would not support John Miano and his testimony. IEEE-USA's memberships consist of middle aged racist engineers who cannot keep up with the competition from mostly Asian younger workers. In the 80s and 90s, they were talking about globalization and its benefits as they got a jump start to get most of the global work. Now, other people in other nations have caught up and same globalization is causing them to pee in their pants. They understand that globalization is good for the country and the society. But what is good for the nation is not always good for each and every individual. So to save their lazy ass, they now want protection from their government, without realizing that if they get the protection they are seeking, they will not be able to enjoy that protection for very long as the companies will be compelled to look for more efficient and cost effective ways to do work.
Anyways, answer to your question is in your question i.e. How could someone be against H1b and for green card?
kanaihya
09-26 12:14 PM
I went throgh the comments, it looks like americans don't want foreign IT profesionals here ..they all are opposing ...God knows who will help them in executing those IT projects, if all we are gone..
here we are busy trashing each other, while in the cnn artile, everyone has joined together and is bashing us...
http://fsbfeatures.blogs.fsb.com/2007/09/25/should-the-us-grant-more-h-1b-visas/#comments
I have not seen a single person say positive things about the h1-b program. Instead of infighting here, can we all go there and try to justify the need for skilled labor? Everyone seems to say..they should hire from US...but they forget that there is noone in US to hire. This one sided bashing by anti-immigrants/ racists will only damage our position.
here we are busy trashing each other, while in the cnn artile, everyone has joined together and is bashing us...
http://fsbfeatures.blogs.fsb.com/2007/09/25/should-the-us-grant-more-h-1b-visas/#comments
I have not seen a single person say positive things about the h1-b program. Instead of infighting here, can we all go there and try to justify the need for skilled labor? Everyone seems to say..they should hire from US...but they forget that there is noone in US to hire. This one sided bashing by anti-immigrants/ racists will only damage our position.
gunabcd
07-13 10:57 PM
http://www.murthy.com/chertoff_murthy.html
July 12, 2007
VIA FEDERAL EXPRESS
Michael Chertoff, Esq.
Secretary
Department of Homeland Security
RE: USCIS Decision to Reject I-485 Filings
Dear Mr. Chertoff:
continue
Looks like "Jbpvisa" wanted to win the race of posting this article first, and he/she mis-spelled "Murthy" as Murphy. recently somebody came up with a "Secret News.." which was actually his own far fetched fantasy. I don't understand why some people are so thrilled about throwing around sensational sounding posts ? Isn't that similar to creating a chain email hoax?
July 12, 2007
VIA FEDERAL EXPRESS
Michael Chertoff, Esq.
Secretary
Department of Homeland Security
RE: USCIS Decision to Reject I-485 Filings
Dear Mr. Chertoff:
continue
Looks like "Jbpvisa" wanted to win the race of posting this article first, and he/she mis-spelled "Murthy" as Murphy. recently somebody came up with a "Secret News.." which was actually his own far fetched fantasy. I don't understand why some people are so thrilled about throwing around sensational sounding posts ? Isn't that similar to creating a chain email hoax?
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