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  • conchshell
    06-10 10:57 AM
    So July visa bulletin is out ... we will see comments with frustation and appeals to fight for the cause ... however, this is a prediction thread, so my prediction is that by next week, all affected people will accept the reality and will move on with their life waiting for August visa bulletin or for the next year quota. My purpose is not to offend anyone, but this is just the observation we all had in the past, so why this time around its going to be any different?

    Now as far as those three bills are concerned ... at times I feel that they are just pacifiers to amuse the crying babies. We all can see that immigration related bill (fashion models, regional investors etc) are getting passed, but not the one's that we really want. Therefore hearings in the sub-committie and than in full hearings will go on till August, and afterwards presidential election will be the focus ... immigration reforms will take a back seat. New administration in 2009 will have more immediate priorities to fix the economy, war, etc. Immigration will eventually appear on the radar, but only after some time.

    So only movement I can see in near future is EB3 to EB2 conversion. That's OK too. because everyone has a right to straddle the lanes. Out of that stampede, some will get approved, some will get rejected, and will create more mess in the system. But that's inevitable ... and if a mass transition happens, USCIS will have no other option to bring in yet another rule to make their life easy, we all can guess ... what that may be ... I think this is one of the reasons why USCIS does not allow 140 premium processing anymore. Now those who are hopefull for EB2, my message is that USCIS can very easily justify visa wastage this year because of the extra load they got from Citizenship applications. Personally, I do not have much hope of USCIS working efficiently.

    I am not trying to spread pessimism, but just giving my predictions. We all need to think hard, as to how can we come out of this mess. Flower campaign worked once, but doesn't mean that its gonna be effective again and again.




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  • vin13
    03-12 03:20 PM
    With all due respect to the selfless hard work of IV core, I concur with ItIsNotFunny. There are many members who feel this way. IV core should be more open to members. I feel a cloud of secrecy always surrounding IV. Of course they cannot be public about all their activities, but more needs to be done on this front. You will see more members actively participating if core is more open.

    I totally agree to this. Everytime i try to bring this point across all that is being asked is go contribue some money. I have contributed money before and i will contribute lot more if i know what it is getting used for.

    There are several of my friends who are not actively looking at IV site. I am sure they will contribute money if they know the initiative IV is currently working on.




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  • Green.Tech
    06-19 02:12 PM
    If the economy is holding up like it does, other issues including immigration may get put on the backburner. This is the time to stand up and make our voices heard. Please step up and contribute for the massive lobbying that we (you and I) need to do to get these action items taken care of.

    Don't think that other guys are contributing and this will be taken care of by iteself since I have other channels where my money is flowing into, and that I will contribute later if one of the bills get to the house floor etc. This is the time your help is needed the most. Each and every penny that you contribute matters.

    It's high time we all see the big picture and stand up for ourselves because you know why...No one else is looking out for us but IV (us)!




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  • CHHAYA
    09-01 01:56 PM
    Landed in Aug/2001 on H1B
    Changed Employer in Apr 2002
    Filed Labor May 03
    Labor Approved in 06
    Filed I-140 and approved in late 06
    Filed I - 485 in 07
    Surviving on EAD.



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  • Kodi
    06-04 02:03 PM
    Even under PERM, Atlanta office is backed up. They're still evaluating February applicants its not moving at all. I know its not bad compared to BEC but for some its still bad.




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  • eb3_nepa
    06-10 10:28 AM
    Phone calls "is the need of the hour" - please call the CHC members urging them to support Congresswoman Lofgren's bills.

    Making phone calls is the best form of Gandhigiri at this moment

    Why not do a flower campaign or the like, that we did last time? Clearly that worked and the phone campaign doesnt "have the appearance" of working. I am not saying it is not working, it just isint having the same media impact as last time. It doesnt have to be the flower campaign again, heck we can do a fruit basket deal this time.

    Our message should be "Please stop punishing people that came here the right way, in order to help the people that did not". We are not against undocumented workers getting amnesty, we just dont want their issues to hold up everyone else's.



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  • vpadman
    01-14 10:29 PM
    I have received a mail from USCIS regarding the emergency AP. They want evidence regarding this emergency AP.

    I am getting this for business travel and will get a letter from my company. However, is there any specific format to this letter?

    If any of you have obtained an AP for business travel, please advise.

    Thanks




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  • dtekkedil
    09-14 01:03 PM
    Great job Milind!

    Keep it up! You should be our "guest of honor" at the rally!

    How about we build a "wooden" chair and carry you around at the rally? Not to mention lots of flower garlands! :)

    What do you say folks?



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  • raysaikat
    01-07 12:24 AM
    raysaikat, and others, can we call a truce and focus on the original intent of the thread? I am sure we can all agree that the top 5 % of the worst university (does not matter which, or where) are usually better than the bottom 5 % of the best university (again, does not matter).

    In my life, in our company, I've seen some of the sharpest brains around (PhDs working for the Russian defence before they defected in late 70's and early 80's) and some of the dumbest (a mechanical engineer who refused to believe me when I mentioned the sun was approximately 300000 bigger than the earth in terms of mass and 1000000 times bigger in terms of volume). Believe it or not, I've met a taxi driver who graduated from an Ivy League institution and used to work at NASA in 60s and 70s and worked on developing algorithms for decompressing transmissions. There are all sorts who make the world a pretty interesting, if unpredictable place. :)

    You never know whom you are sitting next to on the plane! ;)

    Rather than arguing over silly matters, perhaps we should focus on intelligent analysis and if necessary, rebuttal of arguments.

    We do not prove anything by arguing over IIT vs Osmania, or North Vs South, but merely conform the worst aspects of Prof. Wadhwa's sweeping generalizations.

    I, for one, have serious questions:
    A) The video was edited. It is a collection of sound bites. How do we know the context of the statements if we do not have the full transcript?
    B) We have no visuals of the charts and figures referred to by Prof Wadhwa.
    C) We have no access to the raw data used by Prof. Wadhwa. He may had published it, but I have not seen any of it. (Unless Macaca can ferret out the details.. if anyone can, he is the man!). I have, for instance, basic questions whether immigrants and foreign students were excluded when he (Wadhwa) was counting the openings filled and engineers graduated in US.

    I do not mean to offend anyone, nor am I commenting on any country, university, or anything.. so please do not misunderstand me. Let us focus on the what is more important.

    I agree with you. It is important to know if the US data excluded international students or not. You can find the papers here:

    http://www.soc.duke.edu/GlobalEngineering/papers.html

    The relevant one seems to be the following:

    http://papers.ssrn.com/sol3/papers.cfm?abstract_id=991327#PaperDownload




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  • bluekayal
    08-23 08:27 AM
    This is only for EB 2 aliens of exceptional ability. As far as I know this does not need perm. I got an EB2 alien of exceptional ability when my last employer filed through Schedule A. So don't sweat this does not apply to the usual EB-2 route...as far as I can tell...



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  • villamonte6100
    04-02 01:25 PM
    Can somebody explain me why this disco guy and this Villamonte guy are even on this forum ??? We are sitting here for 9-10 years telling our folks in our home countries, I'll come in may, no probably july, no in july my papers goes for renewals,, may be Dec. no in Dec. tickets are too expensive and in March I have my project live date, may be next may oh no by then I'll have to send my papers for renewal.... well you know what, forget about me, you stay happy where you are and I live happily here....

    And these people are telling us USCIS is doing what they should be doing...

    Because this is an open forum or it is called a forum and I'm a member like you.

    Mirage, we have our own frustrations with USCIS and I'm with you, but if you really think that you can get the information you wanted from USCIS, go ahead. Nobody is stopping you.

    Come on.




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  • CADude
    07-04 03:18 PM
    Contact your Senator regarding unprecedented move by the Department of State.


    If you all can then please contact your senator.
    Below is the letter I sent to my local senator.
    You can find your local senator by using this link (Enter zip code and state) - http://capwiz.com/aila2/officials/congress/?lvl=C&azip=75063&state=TX.
    You can also send email from this link.
    It does not matter whether this brings any value or not but there is no harm in doing this, in case you are really frustrated, troubled and sad!.

    Dear Senator :

    This is to bring to your attention regarding an unprecedented move by Department of State with regards to filing of adjustment of status applications.

    On June 13, Department of State announced in its Visa Bulletin for July 2007 that all employment-based categories (except for the Other Workers category) for immigrant visas will be "current," (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) meaning that individuals/businesses going through the lengthy and backlogged immigrant visa or "green card" process can, throughout July, file adjustment of status applications.

    The Department Of State regulations at 22 CFR 42.51 (http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html) and 8 CFR 245.1(g), allows individuals/businesses to rely on and use such information. Historically, they have relied on such information knowing that when they prepare and file such applications, they will be accepted and adjudicated.

    However on July 2, 2007, The Department of State issued a new bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) with an update on July Visa Availability and USCIS (U.S. Citizenship and Immigration Services) started rejecting adjustment of status applications for several employment-based immigration preference categories (http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf), despite the fact that the published July Visa Bulletin shows that visas for these categories are available thereby violating its long-standing policy and the expectations of thousands of people, without any advance notification to the general public or issuing any notification under the Administrative Procedures Act (APA). Such a revision, coming in the same month in which the bulletin is issued, would be contrary to years of practice in which revisions or adjustments to the availability of immigrant visa numbers are made in the following month of before the beginning of the month, not in the same month individuals and businesses have begun preparing and submitting applications for adjustment of status.

    By taking this unprecedented mid-month update, the Departments of State and Homeland Security have seriously undermined the stability and predictability of U.S. immigration law. Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. In addition, individuals have taken the necessary steps to prepare and file applications for adjustment of status, including thousands of dollars of expenses to engage counsel, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc. This unprecedented action of the government is shocking and disturbing. It has left many in a state of disbelief, frustration, confusion, and anger.

    Pursuant to Department Of State regulations 8 CFR 245.1(g), [i]f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.. Thus, when the Visa Bulletin shows that visas for most preference categories are available for applicants with priority dates on or before the listed priority date, the USCIS must accept those adjustment of status applications for adjudication. Under section 245 of the INA, an alien may apply for adjustment of status if, inter alia, (3) an immigrant visa is immediately available to him at the time his application is filed. The question is what the term immediately available means. The regulation at 8 CFR 245.1(g) defines the term and instructs how to determine when an immigrant visa is immediately available under Sec. 245 of the INA.

    8 CFR 245.1(g) states, An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I-485 i[f] the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that that numbers for visa applicants in his or her category are current). An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101-238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service Office. (Emphasis added.)

    Reliance on the current Visa Bulletin is well-established. In 1994, the INS (Immigration and Naturalization Service) published a revision to 8 CFR Part 245 in response to enactment of section 245(i) of the Act. In the Supplementary Information provided with that regulation, the INS took the opportunity to revise its definition of immediately available to be consistent with that of the Department of State.

    The INS said: All applicants for adjustment of status under section 245 of the Act must have an immediately available immigrant visa number. "Immediately available" for the
    purpose of accepting and processing the Form I-485 application filed by a preference alien is defined in 8 CFR 245.1(f) as being not later than the date shown in the current Department of State Bureau of Consular Affairs Visa Bulletin. The Department of State, however, defines "immediately available" as being earlier than the date shown in the current Visa Bulletin. This rule amends 8 CFR 245.1(f) to bring the adjustment of status provision into accordance with the Department o f State's definition.

    I request your prompt attention on this matter asking the Department of State for clarification on this unprecedented change which defies years of established process of individuals/businesses relying on visa bulletin to prepare and file adjustment of status applications.

    Sincerely,



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  • chanduv23
    07-11 12:01 PM
    I am not sure if I should be happy or sad with this news. I was laidoff recently and had applied for I-485 on July 17,2007 i.e. current processing date for TSC. Also with this bulletin I will be current (EB2 2006). I have not found a new job yet and my company has told me that they will be revoking my I-140 after 30 days. My company lawyers are not advising me much citing conflict of interest.

    What options do I have? Will sending a new G-28 form at this time raise any issues that I do not have job with original employer as my PD is current and it is quite possible that my case maybe adjudicated. In the meantime if I do not sent new G-28 form I am not sure how much my company attorney will co-operate

    Saileshdude - relax. Get a job ASAP. PM me your phone number and I will call you




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  • vaccine
    09-11 09:13 AM
    Count me in for $ 100 and I am coming to rally as well. See you all in DC



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  • ziri
    07-20 06:54 PM
    During the failed CIR bill people here were praising Sen. Sessions for supporting legal immigration and I almost shed tears because deep in my heart I know how they hate immigrants both legal and illegal. The only way we can expect relief is a good comprehensive immigration bill but not from ammendments on other bills like the now defense bill.




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  • nursekm
    10-03 10:28 PM
    USCIS UPDATE - THIS IS SCARY

    SEEMS LIKE 40,000 SCHEDULE A PETITIONS FILED DURING JULY/AUGUST.
    ( SCHEDULE A ARE THE ONLY PEOPLE WHO CAN FILE CONCURRENTLY.)THIS MEANS THAT EVEN IF THERE IS RECAPTURE, NEW FILERS WILL TAKE FOREVER TO GET THEIR GREEN CARDS. IF THE RECAPTURE IS A SMALL NUMBER LIKE 50,000, ITS GONNA BE HARD TO GET GREEN CARD BEFORE HITTING ANOTHER RETRO... DAMN WE ARE DOOMED !

    http://www.lewslaw.com/US_Immigratio....htm#10022007a

    USCIS Updates [Top]

    At a recent AILA Conference, Michael Ayetes (USCIS Associate Director, Operations) announced, that during the months of July - August 2007, USCIS had received approximately 800,000 employment based adjustment applications (I-485s): 40,000 concurrently filed with I-140 petitions, 320,000 stand alone applications, and 400,000 dependent applications.

    Of the 140,000 annual employment-based immigrant visas available, second and third preference categories are allocated 57.2%. If most of the employment based cases filed in July-August 2007 were second and third preferences, it could take approximately ten years of allocation to complete all these cases.

    Although USCIS has posted on its website that I-485 cases received on or before August 9, 2007 have been entered into the system, a number of attorneys have not yet received receipt notices for cases filed at the end of June and July 2007. Moreover, some cases initially filed in Nebraska and transferred to Texas have now been forwarded to the Vermont or California Service Centers for faster processing of receipts.

    USCIS is making every effort to process EAD applications within 90 days of receipt. The processing of Advance Parole applications may be delayed due to the number of cases filed.

    A Biometrics notice will be issued even if a visa number is not available at the time.



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  • gcgonewild
    04-29 04:23 PM
    Pappu,

    Just called all Senators

    The Phone number of last few senators is wrong.

    Please change 244 to 224.




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  • gsvisu
    07-13 05:07 PM
    My 2.5 Cents.

    We need to start a Letter Campaign next.

    A focussed uniform format with some lead from IV. But now focus on San Jose,CA's rally efforts.




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  • gcseeker2002
    09-13 05:47 PM
    What can we do about it ? I knew 3-4 guys who ported from EB3 to EB2 and even got their 485 approved because of this, during August.




    pappu
    08-28 10:56 AM
    since this last month has been one of the most frustrating in terms of any movement from any standpoint...thought i d write another op ed
    ==================================================
    Where is my Ellis Island?


    yabadaba
    IV member

    Thank you very much for your effort. IV team is working on getting op-eds published.




    Winner
    07-06 03:42 PM
    what is this suppose to mean, should I be scared

    Please...Please....Please don't reply within one hour.



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