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  • nomi
    12-12 10:19 AM
    Nobody knows whether congressional action is needed to allow I-485 to be filed during retrogression?


    Look, No body know about it. I think we should contact with some law firm in order to find it out from some reliable sources.

    One more thing is what how does USCIS start retrogression. There is no law about it either. This is something USCIs start by it self using "New Rule" option.

    I think Core team should look into it. Since we spend so much energy to calling all Senators and we all know the results.

    USCIS can allow to file I-485 or they can make some rule without going congress.

    Correct me if I am wrong but there is some light in this path for us if we seriously fellow it.

    what do you guys think about it ??

    thx.





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  • NKR
    03-10 10:09 AM
    I have been lurking on this forum to understand the plight of EB immigrants and the posts the last few weeks have confirmed my belief that the problem exist because a lot of people came to the US from 1999-2006 and want to stay here permanently. The EB immigration system was fine before then; thus, the problem is supply/demand, not the immigration policies.

    You are partly right, but the problem does not end there. Lot of it has to do with the disorderly way the applications were/are being picked up. All the old applications were pushed to BECs and newer perm applications were picked up for processing. The dates were abruptly moved forward which allowed USCIS to approve newer 485 applications before the dates were pushed back. I am a victim of both these cases… Also, there has been a lot of wastage of visa numbers. If none of these happened I am sure the EB3 dates would have move forward without getting stagnated in 2001.





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  • srkamath
    07-13 07:33 PM
    Hi srkamath

    My actual RD is 2nd July, my notices show it as 30th of July. Do you think we should try you get that corrected? Is that posssible at all?

    Thanks

    Lucky you, you might start seeing LUDs on you case by the end of this month. If you do please send me a message.
    Reg correcting the dates, USCIS usually takes months to respond to such things. I'm not gonna do anything about it for my case, unless the processing dates show virtually no movement.

    My understanding of process.date is that it is the oldest date of completed cases - which means they might be caught up with processing on most cases received till that date (July-20th 2007 ?) I could be wrong, we'll see..





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  • varshadas
    02-09 09:34 PM
    http://profiles.numbersusa.com/profile_state.php3?District=NJ

    For other states, use

    http://profiles.numbersusa.com/

    Mike Ferguson whom we met today was pro legal immigration, If anyone is or knows someone in Morris County, please contact Garrett, Scott. I think first we should target the greens (lower immigration intent) and then target the others.
    As you can see the Southern states like Lousiana, Texas have many greens.

    Thanks,
    Varsha



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  • diptam
    07-24 11:14 AM
    Guys,

    I signed a bond of 10G for getting a hardcopy of this letter mailed out by June 29th from my company's NJ office. This is initial evidence that you have FUTURE job offer and without it the 485 will be rejected.

    If someone is lucky let they be - Do NOT make this mistake of not sending this letter in ORIGINAL.

    Thanks,

    I will try to dig out the actual memo. But this is from the oh law firm page:
    ---
    06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing

    * As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
    * One of the initial evidence which is listed is the sealed I-693, the Medical Examination results completed and sealed by the USCIS designated civil surgeons who examined the applicants per the immigration rules. As we reported yesterday, attorneys asked the USCIS authorities to accept I-485 applications without the medical result, but their answer was that they were taking it under advicement but as it stands now, the sealed medical report would be required as initial evidence, accoring to the USCIS authorities who were present at the AILA Annual Conference in Orlando. We understand that in some areas, there are a huge backlog in the physician's clinics for such medical examination. However, people can shop around the authorized physicians in much broader areas. For instance, people usually were asked to schedule such medical examination in the local "district" office where the applicants resided. The definition of "district office" has been broaden lately. Former district offices have been turned into field offices of a district office. Accordingly, people can schedule the medical examination through a physician located outside of their residence if the area falls under the jurisdiction of "district" even if it is outside the jurisdiction of "field office."
    ---





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  • sw33t
    01-18 06:30 PM
    US Code, Title 8 � 1304. Forms for registration and fingerprinting

    (e) Personal possession of registration or receipt card; penalties
    Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.

    So at least make a copy of your I-94/approval notice/GC and keep it in your wallet.

    By law, you are not suppose to make copies of an official US document.

    Also, a police officer cannot deport you. He will most likely make a call to the nearest border security post and can either chose to hand you over to them or check your status over radio/phone.

    Rule of thumb for all immigrants is to make sure you carry your documents when traveling withing 100 miles of the US border.

    If you are a student, some cops will also let you go if you show your student ID combined with your State Issued ID.

    For those states that required for you to prove your valid immigration status when applying for a state ID, a gentle plea to the cop that the state couldn't have issued your ID unless they verify your status, might work!



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  • vnkpaul
    09-15 04:09 PM
    I am currently working for company X on L1B visa, my visa is valid till Sep 2009 and My I94 is valid till Apr 2010. I was in India in April 2008 and I had applied for a H1B visa via company Y (in US) in April 2008 and my petition got selected and approved in the lottery and I am eligible to get it stamped from 1st October 2008.
    I have been on L1 2 times for about 1 year duration each time.

    My questions are:

    1. Since I was out of US during the H1B application filing, my H1B will only be valid when I get it stamped by US consulate in Canada? (I had specified that as my port of entry to US knowing that I will be in US at that point of time)
    2. Can I continue to work for company X based on my L1 till I get my H1B stamped, which I plan to get done by Dec 08?
    3. At the US consulate, at the time of stamping if they reject my H1B application would my existing L1 be still valid or they cancel that also?

    Please reply... Thanks in advance...





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  • 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)



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  • HereIComeGC
    04-24 08:52 AM
    Congratulations Googler! Keep in touch with your words of wisdom!





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  • Legal
    07-04 08:38 PM
    only other thing that would help India EB2,3 would be to use these recaptured numbers to be used ONLY for priority dates older than 3years or something like that. Even if achieve legislation to recapture the EB numbers.. unlesss we seek something like this EB India will be screwed for ever.

    I meant without country cap....



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  • feedfront
    10-21 01:27 PM
    Hi Guys

    At last today is my day.. online status changed to "Card Production Order" :)

    Hope every one will get soon.

    Thanks
    onemorecame

    Can you please post your timeline here?





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  • kumarc123
    02-12 02:48 PM
    You mean PUBLIC !!

    Thanks .... you made me laugh after greyhair beat the daylights out of me!!

    Thanks , haha
    just corrected it, at least I made someone laugh



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  • sanjay02
    11-27 02:42 AM
    Hi
    For all those who are doing Online MBA/part time was any one successful in getting a financial aid through FASFA? If not FASFA what are other alternatives? like loans from bank etc?

    When I applied for financial aid they told me that since I dont have my greencard Im not eligible



    Thnks
    Sanjay





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  • willigetgc?
    08-10 10:30 PM
    i feel frustrated at some peoples' unwillingness to admit that eb3 needs iv's help now more than ever. They are saying that nothing much can be done for eb3, as ins merely corrected its wrong interpretation in visa allocation

    I went to the advocacy days in DC this June, and the biggest push IV was/is making - country cap elimination. The biggest benefactor of this change is EB3 (eb2 will be helped too, but that is how INS preference system works) - again, the biggest benefactor of this legislative change is eb3. IV has been pushing this issue over and over - try reaching out about town hall meetings or any such meetings with lawmakers - and you will figure out how much iv is working on behalf of eb3. Unfortunately, not many eb3 were active until the last 2 vbs. So, please do not say, "nothing much can be done for eb3" or "IV is not working for EB3". Its just that you may not see value in the route that IV is pursuing. It is eb3 members' unwillingness to admit that IV needs grass root help more than ever now.

    but, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.

    Let me put forward my idea.

    The ina language says that until eb2 is not current, there will be no spillover to eb3. Agreed. but i would contend that this statement is on a year to year basis. that is, if in the year 2002 (for example) all eb2 has been satisfied, then the spillovers should go to year 2002 eb3.

    i am sorry to point this out, but you are looking at this from only your angle. Don't get me wrong, i would probably do the same. Having said that, logically this change will not fly with the uscis - 2 reasons - 1. Your contention that this rule is year to year - flawed contention 2. What does all eb2 satisfied mean? - these arguments will not work. I am not pulling you or the idea down - but simply stating my point of view based on what I know of the law.

    is this something iv can point out and fight for? Can eb3 members put their money and efforts in this direction? Let me know if this sounds worthwhile

    now a days we are seeing more threads related to spill over allocation interpretation etc, but i have not seen any single post by iv core about this. I am from eb3 community and share the frustration among others.

    i remember a time just a few months ago this year, eb2 were complaining about spillover not happening, and iv core disputed it, saying that spillover was happening.

    i see a lot of people suggesting to port from eb3 to eb2, instead of wasting time on these discussions. Well, porting is not an option for most of us. It is either because we are working for big companies (who do not want to extra burden) or not able to find a small company which can help us.

    just like you are seeing the ground realities of porting from eb3 to eb2, i believe that iv knows the ground reality of proposing new interpretations to the law. I would go a little further in saying that the proposals considered here are changes in the law than changes in the interpretation of the law.


    I may be wrong on my thinking, but I do hope you take a suggestion - when reading the INS law, understand it independently first. Then go back to see, if it can be applied on your interpretation. Do not start out with it, everything looks red when wearing red tinted glasses.......

    After the advocacy days in DC, I am sold on what IV is offering and its commitment to the EB community. I am EB3 too and I am pretty much in the same boat as many of you here.



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  • apt7
    06-13 12:58 PM
    Let us analyze this thing in depth.

    a) According to the restriction which stops consulting

    New york city--- Desi Companies will be affected. They will not be able bring H1-B.

    CDI, RCG, Bearing Point, Datanomics, .... ..... ... .. there are 1000s of middle vendor which supply the Desi labor to the Wall street companies and more.
    I am just talking about NYC. These laborer comes from desi comapnies.

    With restriction...desi cannot bring H1-B..the middle vendors are screwed and hence the clients. Due you have an idea how many Indians work for the financial companies that are not a direct hire.

    If you stop consulting Wall street's wall will fall. The work that a desi can do in 1 day an american would take three days. At least in my company they have realized it.

    You answer this


    This is true with ibm too. If all the desis leave ibm many highly funded projects will fail.





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  • amsgc
    07-13 11:25 PM
    I read somewhere that now all the applications - 485/EAD/AP, for one particular applicant, are adjudicated by the same officer. This is a new process change to improve efficiency. I think the article I read indicated that it was already working that way at TSC.

    Unfortunately, i don't have the link, but I will post it if i come across it.

    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.



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  • GCapplicant
    08-17 04:56 PM
    When will EB3 get its quota then How long we have to wait?I hope we dont get stranded in all this mess..





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  • dealsnet
    03-19 09:03 AM
    We need to focus immigration issue rather than talking about 'thali' or 'wali' bans. Some people coming to this forum to have fun and writing non sense. Please concentrate on our goal. ' make every EB based immigration current'. !!!


    Guys... can we drop the whole discussion about this guy's name.

    It is no advisable to discuss such topics in public forums on the internet. These keywords attract unwarranted attention.





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  • minimalist
    09-10 12:29 PM
    girijas, your comment is both funny and sad... we are behind horses.. :(
    The picture is not pretty.





    sgorla
    01-16 01:39 PM
    Hello folks,
    I just signed up for $ 20 a month contribution to IV. I hope this helps to fight for our cause. I did talk to few people that I know who are in the same boat as we are, and hope they join IV and contribute.





    ita
    02-01 11:33 AM
    That's fine ..To show that we are in status form the last non-immigrant visa entry to 485 filing stage should we have our monthly stubs or will W2 be sufficient? I'm afraid I've some misplaced. Again thank you very much for your responses.



    >> Thank you very much for the response. I sent you a PM.
    I don't respond to Private Messages. If you have questions for me and would like to get my opinion on it, please post in forums here.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin



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