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  • thomachan72
    07-05 02:45 PM
    Why would this website suddently decide to convert to a paid website? There is a link right on the top requesting funds / contributions, right? People who have resources / are willing to contribute will do it. Look at the postings of the core members who actually started this website. Did they ever make a harsh statement regarding the site visitors who have not contributed? Personally I havn't seen one yet, have you? They are very diplomatic in their efforts and thats what makes them leaders. We dont want juveniles to start dictating regulations in this forum. Lets leave these decisions to mature people who have insight in their decisions, OK. Actions taken when you are emotionally disturbed will do nothing but harm you and the rest of us. This site is and should remain a non paid. I have contributed a small amount sofar, however have found a very pleasant and enjoyable community here at the IV. I know many have contributed much more than me. Please remember that this website / core group efforts all began probably as a selfless act by a group of youngsters to benefit our legal immigrant community. Let not our emotions guide us but let reason guide us in our decisions and the best approach would be to let the core group decide. Now if they decide sternly that this can be run only as long as all the visitors/beneficieries contribute then I dont know what to say. Contributions were all voluntary and should remain voluntary. Some of those who support a paid website seem to be VERY AGITATED. If you are agitated while spending money then think twice before contributing. Dont expect everybody to do do exactly what you do.





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  • hsm2007
    09-23 02:18 PM
    Hi abd,

    Can you share the template of the EVL that you used to respond to the RFE. Also did you mention about the AC21 when responding to the RFE. Please help out as I am in the same state where my dates are current but got an RFE.

    Thanks.


    The RFE response was received on Monday morning . The status changed as review on Monday night and i got approval email today around 12.00





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  • gc_kaavaali
    12-21 06:27 PM
    Hi,
    My friend working in company A on L1...he has approved H1 also...if he needs to move from L1 to H1, does he needs to go out of country and get it stamped before he starts working on H1?





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  • McLuvin
    03-09 12:27 PM
    Anyone for May 09 predictions???



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  • Circus123
    02-20 04:05 PM
    Here is Mr. Gotcher's perspective on EB3 movement ...
    In terms of EB3 movement for India do you think that the slow movement as predicted will atleast move the cut off dates to Dec 2001 (India) by end of FY 08 ?


    I doubt very much that we will see any EB3 cutoff date movement until October.

    James Ronald Gotcher





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  • a_yaja
    01-31 02:24 PM
    I believe it is also illegal to work before getting a social security number. When you are on H4 you dont have a social security number (you have an itin which is not good enough for working). You will not get a social security number unless you have work authorization (i797). H1 will start only after october 1, so you can apply for social security number only after October 1 (i.e if you have i 797), it will take you about 4 to 7 weeks to get ssn. You can work only after getting the ssn. Somebody correct me if i wrong here.

    You can work without SSN provided you are authorized to work (H1, EAD, etc) and you have applied for SSN number. The usual practice is to pay for the first two pay cycles, and if you have not received your SSN by then, then the employer will withold wages till SSN arrives. I know this because when I came to the US as a student, I received my first paycheck without SSN. By the second paycheck (I was paid monthly), I had my SSN and so no issues. My roommate, on the other hand did not receive his SSN for nearly 3 1/2 months - the University paid his first two paychecks but did not handout his third. They told him that they would wait till he showed his SSN card to them. After he received his SSN card, they released his paycheck.

    Bottom line is, you can work even without SSN card - and if you don't receive your card on time, at most the employer can withold pay until you show them your SSN card. But the employer has to pay you for any work done in legal status and they cannot refuse pay for the period during which your application was pending with SSA.



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  • karanp25
    07-14 06:34 PM
    That's possible too. Please share when you received this RFE?

    Is it possible they are trying to adjudicate my 485. I am EB2 India PD: JAN 2006.





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  • Jaime
    09-13 10:06 AM
    Come To Washington!! It's Now Or Never!!!



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  • ss1026
    08-17 09:58 AM
    It Is Too Bad For Eb 3 , Why This Injustice With Eb 3 ?

    I guess this simply the demand supply equation. I might in realty be the other way with regards to the number of EB-3 approvals. I remember reading that EB-3 India got quite a few visas in June and July of this year. I dont remember the exact numbers but I am sure they exceeded the 7% per country limit. Anyone remember the exact number of approvals for EB-3 India

    EB-3 India Feb 05





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  • nitinboston
    04-09 04:19 PM
    Dear Mrs. Hillary Clinton
    Heartfelt thanks for making such an effort to answer consumer grievances. My Admiration for this administration and their efforts to improve communication is growing exponentially every day. God Bless you and God Bless America.
    We are wringing these questions in effort to understand the VISA allocation processes followed by DOS. Also how it affects effectively petitioners live to plan their future, travel, Buying house etc...
    1.0) Is IVACS primary application for tracking VISA requests from USCIS, Consular posts?
    Rationale: Any Software/Application used by DOS should be single source for data entry of all the new application.
    1.1) Does IVACS system (DOS�s Inventory system) connects electronically to USCIS system, Consular posts or NVC or any other agencies for VISA demand requests?
    Rationale: Any Software/Application used by DOS need talk to Client System (USCIS, Consular posts, NVC or other agencies) every month system for effectively moving VISA bulletin every month.

    1.2) In Absence of Interface � Does IVACS system receive VISA demand sent manually through flat file or spreadsheet?
    Rationale: In absence of electronic interface DOS need to manually receive data for effectively predicting VISA bulletin every month.
    2.0) How many Employment-based I485 VISA demands are pending at USCIS, NVC, Consular posts?
    Rationale: We are trying to get Employment based pending applications.
    3.0) IS this last Pending EmploymentDemandUsedForCutOffDates.pdf on 4/8/2010 - http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf includes all the Employment based I485 VISA demand?

    Rationale: We are trying to confirm data received are all inclusive.

    4.0) Can DOS Enhance/publish table for �total number of VISA available�� as on report preparation date, rather than total Fiscal availability. As per table showed below,
    Rationale: This will help applicants to estimate date of approval and plan for buying house, make major move etc.

    Preference China Demand India Demand Maxico Philippines ROW Worldwide limit
    Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal
    E1
    E2
    E3
    E4
    E5


    5.0) Can DOS generate monthly VISA returns report from USCIS, NVC, Consular posts or any other agencies that demands Employment VISA?
    Rationale: This will help us understand how much visa were available for reallocation.

    6.0) INA section Sec 201 (2) mentions usages of visa per �Calendar Quarter� with maximum limit of 27% per quarter. As EB2 & EB3 categories are retro gassed Are Minimum 140k/4 Visa's consumed every quarter? If no which section of INA being applied to not to do so?
    Rationale: To understand DOS�s interpretation and application of the law.
    7.0) Where we can find DOS published monthly EB/FB permanent residency VISA demand report with country of chargeability, Employment based category (for e.g. EB1, EB2, EB3, �), similar to report published by DOL.
    Rationale: This will help applicants to estimate date of approval and plan for buying house, make major move etc.

    8.0) What is rational of EB3-India Visa allocation only approximately 100 a month? We feel that before EB3-I become unavailable it should get 140*7%*28.6% = 2802/12 VISA�s every month. EB3-I VISA reductions from Inventory reports before their Priority Date is as follows,
    a) Between Inventory Published 03/12/10 & 01/30/10 = 100
    b) Between Inventory Published between 01/30/10 & 04/08/10 = 100
    Rationale: This will help EB3 applicants to estimate date of approval to plan their future for house Purchase or major move etc.

    9.0) How do you propose to reconcile the pending data reported by DOS and USCIS.
    We are Comparing data from two sources USCIS published pending inventory and DOS published monthly determination, And we have Found data Differences for following categories,
    USCIS Pending for EB3-China as on March 08, 2010 === 5,575
    DOS Pending for EB3-China as on March 01, 2010 === 8,900
    Rationale: Closing gap in case of data error.
    References:
    i. EmploymentDemandUsedForCutOffDates.pdf - http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
    ii. Operation of the Numerical Control Process - http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf

    Dude i must say, it must have taken a huge effort to come up with all this. But guess what, it wont make a dent. There are way too many Indians, Chinese and Mexicans in line and too few GC's to give out.



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  • Asian
    11-21 10:46 AM
    I like this posting by tjayant. Very personal and detailed message. Except for one thing. You cannot guarantee 2 years from now for those who applied in 2003 and 2004 till getting GC. That is the whole problem for all of us.

    My PD is in 2003 and I am EB-3 ROW but I don't think it will happen in two years in this pace. I am trying to move on with the new degree I will get during the long waiting period. Just like many people I had worked for my current company two years before starting GC process. Not many company let you do it right away... So stuck almost five years in current company without career progress just for the hope of GC... How screwed am I?

    Back in 2003, my immigration lawyer didn't care much about EB-2 even though I already had a masters degree probably because of the prevailing wage requirement. But they had no clue what was going to happen.

    Here is my advice to folks trying to jump job just for $$$, even if the GC situation is bad , money should never be the only factor in moving for another job, plan long term , actually from what I know only startups have good opening but highly unstable so it is a catch 22 for most of the folks, I would suggest if you are in fortune 500 companies and the job is boring and salary is bad stick with it for 2 more years , if you cannot get the GC in the next 1-2 years I dont think you will ever get it, this is applicable for folks who applied GC during 2003/2004, 3+2=5years , for folks who has applied for GC after 2004 you can do what you want !!., here again look for favorable environment, Govt's change and policy change so make hay while the sun shine !!, so if the policy is favorable even if the job is bad but you can get the GC in 1-2 year i would stick with that company, because you will never know what will happen after 2 years , It looks to me like we might be in a cusp of policy change similar to 1999/2000, if you miss this boat you may have to wait for another 6-7 years. But again if my understanding is correct America is like a ocean and there is room for everyone , so no one need to be scared of GC etc, every one will get it in some form or other eventually , it is only a matter of time. As far myself iam still waiting for LC, but never really bothered about GC during my 9+ years stay , I just did what I wanted , but after 9 years I would like to move to a startup but controlling myself with the above logic !!!, But one good thing about waiting for GC is it made me a better person personally in learning ton's of stuff valuable for long run. so there is always pluses, everybody wants to be a Pirate (do what we wanted like jump job's at the fist obstacle/temptation $$$) but sometimes it is good to be controlled by external factors to get the best of ourselfs.





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  • logiclife
    12-12 10:26 AM
    We have asked an immigration lawyer this question. Someone even quoted all the sections of INA and CFR(code of federal regulations) to make the point -- that you can have regulation changed to file 485.

    The lawyer was of the opinion that you need change in INA to be able to file 485 when dates are not current. It cannot be done with administrative changes.



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  • InTheMoment
    07-13 10:56 PM
    Wow.. you think people on the 485 production line are the ones who also do EAD's or get pulled out to do EAD work, nice simple thinking ! :p

    The ones who adjudicate EAD's are usually rookie IO's recently from training or IIO's lent to the service center for emergencies, like last year when officers were flown in from disctrict offices during the surge to NSC for adjudicating EAD within 90 days...in addition to transferring to EAD apps to CSC.

    I-485 CAO's are usually the most experienced adjudicators.





    EB2-India folks should also initiate a petition campaign (on lines of the EB3-India folks) to make sure that these 25K visas do get adjudicated before fiscal year ’08 ends.
    USCIS may well end up wasting a bulk of these visas, contending that since they are statutorily required to adjudicate all EAD applications within 90 days, and there is a surge in EAD renewals because of (a) July-07 visa bulletin fiasco; and (b) people applying for renewal this month, hoping to get 2 year EAD. Therefore, because of surge in EAD applications, they do not have resources to use up all of this year’s visa numbers.
    If this happens even EB3 India will be potential losers also.





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  • chmur
    09-11 12:41 AM
    The problem with your analysis is not every one in the backlog has equal access to excess of 35-40K visas available each year. Most of the excess comes from EB4,5,1 and 2ROW and all goes to EB2 I/C. EB3 ROW gets ~30K every year (42K- 4*2.8K).
    Even if we are to assume that post 2007 the demand for EB2 I/C and EB3 is low then also it is ~ 15K for EB2 I/C and ~ 10K for EB3 ROW. But the way INA law is framed EB3 I (most backlogged with ~ 60K) will only get 2800 visa till either of EB2 I/C or EB3 row becomes current. And by current I mean real current, not July 2007. Using these numbers it will still take 4-5 for both EB2 I/C and EB3 Row to become current.
    This is assuming low demand in all EB categories continue.
    It will be only after 2014-15 that EB3I will get ~ 50K SOFAD(35K SOFAD which EB2 I/C was getting plus about 15K from EB3 ROW category). So in 2015 EB3 I will see a jump of ~ 4 yrs (2003-2007). So EB3I folks with PD after 2007 will have a relative wait time of ~ 8 yrs but folks from 2003-4 are looking at a 12-13 year wait unless reform like Recapture/STEM Degree holders & Dependents excluded from cap is passed.

    I understand how overflow gets distributed and Eb3-I is last in line. However , if net reduction is 35-40K each year starting 2010(i.e oct 2009 to oct 2010) and the backlog is 200 K at the beginning of 2010 (Inventory report) , we should work through all the backlog in 5 (40 *5) years.

    That means in 2-3 years overflow should get to EB3 I because rest of the category will be current by then .

    I agree people who applied in 2003 -2004 are looking at 10 year wait as against someone applying for EB3-I - today . Infact someone applying today will get GC in 5 years from now.



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  • desixp
    06-11 02:26 PM
    Done!





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  • ss777
    05-15 02:27 PM
    I totally agree with first para..but your client CIO getting promotion out of a Phoenix university degree surprises me..many people discouraged me from going there as they dont require GMAT to start with.
    That surprised me also. He may be an exception but the fact that he was tapped for a management post that needs a management degree makes it imperative that his MBA played a good role. I am not saying Pheonix MBA is great. My point is Online MBA is valued in the industry.



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  • pappu
    01-15 11:26 PM
    Bumping /\/\/\/\/\/\/\/\/\/\/\/\
    dont give up!
    I am sure many members will come forward tomorrow to help you with this task. This is an ongoing task and is helping us a lot. Our membership and search engine rankings are growing too.





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  • gc28262
    03-12 09:11 AM
    I completely agree with you.. in the last 3-4 years of forming IV what lobbying efforts did the IV folk do after July 2007 fiasco?? With all the donations and money they are making from advertisements on this website what have they accomplished? they could not even have an established and reliable relationship with DOS or USCIS to get clear information out to its members?? I think it is a BIG F-A-I-L-U-R-E on the part of IV if they cannot even get some valid information let alone bringing some change in the immigration system. And when we are all discussing in anticipation of this much awaited April bulletin, what do the IV admin folk do?? Start another DONOR FORUM thread and talk about what?? B-U-L-L-S-H-I-T!! If starting a new DONOR FORUM thread is all you can do for all the donors? what good is it?? Before we go ahead and bash USCIS, IV folk have a lot of explanation to do -

    1. What links do you have with USCIS?
    2. What efforts are being made?
    3. What is the future POA?
    4. If sitting around and waiting for the next visa bulletin is all you IV leadership is doing then stop asking for DONATIONS!!

    Peace!

    If pouring in some money will fetch you a green card, there would be thousands of companies running this business. I am sure most of us will be more than happy to dole out couple of grands for it. Even USCIS would be happy to do that. We wouldn't need a grassroot organization for that.

    Remember, with all the clout of Congress Hispanic Caucus, they couldn't introduce CIR so far.





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  • kumarc123
    02-09 12:13 PM
    and he does post some useful data (remember the recent backlog data he posted before they officially released it).

    anyway, why be so skeptical, don't we watch all the Superbowl ads but only buy the beer we like ;)

    My question to Pappu and IV is, what are you doing about this?

    Should we hold a rally like I last suggested, or again Iv core will Ignore?

    Time to act on Something,





    rajuram
    11-14 09:33 AM
    Totally agree, very nicely put. They will hear - listen if we present ideas that are pertinent to the existing situation. Nothing more pertinent than the housing mess. No one cares about old jaded ideas like "high talent" etc.

    Can people in California approach Zoe Lofergens office with the idea?

    On my part I will start sending letters and emails to the law makers.

    Some one in the core has to take the lead and give some direction to this effort......

    Do not regret if six months from now the housing crisis has cooled a little, no one will listen to us then. We would have wasted another chance. Do not take it for granted that now Obama is in office, he will do smoething about our problems.

    all I can say is that now most economists say that housing is key to rescuing the economy and faster immigration is key to faster recovery. this is the key point in the present scenario ..people will give scant respect if we try to use other issues -namely by saying that legal immigrants are suffering or US is losing high talent ..they will just say the whole US is suffering - why should we care about yr problems.
    but if we push faster immigration of people who are already here legally as a small way to solve the housing crisis then it will definitely stand a chance -
    (please note - no distinction between those who are renting and who have a house already - this makes most sense. this is helpful to those who have purchased a house - since getting gC faster means that they have additional peace of mind)





    apahilaj
    02-21 02:32 PM
    Please note:PERM Audit very aggressive with EB2 since last couple of months. Just to keep in mind

    Till how long can they audit the PERM once it's approved? Just curious.



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