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  • gc_chahiye
    08-21 02:15 AM
    Thanks for your response. ;)
    So will AOD processing for EB-2 be a lot faster than EB-3 as long as I capture the PD of 12/04?

    yes, EB2 dates have been better than EB3 for all countries, but in your case this would be especially big. All this while that EB3-ROW has been retrogressed back so much, EB2-ROW has been current. If you are from ROW (Rest-Of-World, ie not from India/China/Mexico/Philippines) and get a chance to go from EB3 to EB2, JUMP AT THAT CHANCE!

    As someone pointed out earlier you need your EB3 I-140 to be approved, then when you file the new I-140 (for EB2) include a copy of the previous I-140 approval notice requesting that the PD be ported over. They will port it.

    Once that I-140 is approved, send that approval notice to USCIS with your I-485 receipt, asking them to replace the current I-140 (the EB3 one) with the new (EB2) one (google "interfiling")

    This might make a difference of a couple of years in your approval if the dates move like they did in the past!





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  • dish
    07-16 06:22 PM
    From now on every year, we should send a copy of I797 (H1B) and our tax records to each and every senator and house representative so that they do not get carried away by the misinterpreted facts presented to them by Lou Dobbs, NumbersUSA, Programmers Guild and FAIRUS.





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  • hebron
    08-10 06:13 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

    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.

    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


    Hi gk_2000, May be I am the only one who doesn't understand the idea. If you don't mind could you please explain what you proposed with examples?





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  • Hermione
    09-26 11:13 AM
    No problem. I just wanted to encourage everyone with a strong feeling on H1 increase to post on the CNN site.

    I'm sorry if I sounded like a hypocrite. My interpretation was not to participate in FSB debate for PR visas as the debate was concentrated on H1-B visas.

    I support H1-B's and please continue in the debate for H1-B's.



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  • nixstor
    10-15 01:37 PM
    IV has been working with officials in DHS (not USCIS) to find the exact number of AOS applications pending sorted by priority date, per country, per category.

    Even though the need for requested information is clear and DHS officials agreed to push USCIS for such information, they clearly told IV to demonstrate the need by filing FOIA requests. A request from IV is already pending, but the more the number of requests, the more prioritized this request will become. There are approximately 65,000 FOIA requests pending in Track2 of USCIS queue.

    FOIA can be filed with USCIS either by using G-639 or by writing a simple letter. Our request will not fit the G-639 format and a simple notarized letter will do. I am attaching a sample document that members can download from Google docs (http://docs.google.com/Doc?id=ddkc5z3x_4cj4sxwgh) and replace the fictitious John Doe information with theirs and mail out the letter to the address in the letter.

    If you are really information hungry, this is your chance to get it.

    (1) Download attachment

    (2) Replace John Doe information with yours & print it

    (3) Notarize it and fax/mail it. Notarizing your request prevents from frivolous rejection

    Fax number (816) 350-5785. Make sure you get your confirmation if you fax it.





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  • stucklabor
    07-24 12:42 PM
    It all depend how we interpret the law.

    Here is the arguement by stuck labor

    "INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

    (a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if


    (3) an immigrant visa is immediately available to him at the time his application is filed."

    BUT

    The above is applicable for adjustment of status only not for filing of 485.
    Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.

    The law is the law, there is no room for interpretation. We cannot file for Adjustment of Status using form I-485 without visa number availability. Remember that I-485 is the form name that you use to apply for Adjustment of Status. When you file I-485, you are filing for Adjustment of Status.

    Please think through your ideas before posting them.

    Just as a FYI and anticipating arguments that may arise, EAD is available by law to Adjustment of Status applicants and others - such as students on OPT etc - and the law specifically says who may get EAD.

    I will not respond to any further arguments on this thread that are on the lines of "Let us get USCIS to reinterpret the law, let us file I-485 and not call it an Adjustment of Status application, let us lobby USCIS to get EADs without filing for Adjustment of Status etc".

    In response to the posts by rpatel, valabor etc - there is ZERO potential in pursuing this directly with USCIS. IV will not and should not waste any time in this effort.



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  • Jaime
    09-10 02:15 PM
    If only moves were so easy wouldn't all H1's be in Florida?

    We have different laws for different states, we have states where driver license is only given for the period on your H1, we have states where SSN is required for a drivers license but your spouse cannot get a license. Please be aware of everyone's plight. We are trying to bring awareness by keeping the larger picture in mind.

    Great point! We need to be able to convey to Washington our plight with accuracy! In order to do that we have to unite and deliver our message together!





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  • ndale
    07-24 02:19 PM
    Did you call TSC about the status? Somebody got their receipt numbers today by calling NSC. (looks like package Reached NSC on 06/23/2007 and Notice Date is 07/24/2007)
    Can you give the phone number for NSC?

    thx



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  • greyhair
    02-12 01:56 PM
    This whole thread is about what Ron Gotcher published. I didn't start this thread. I am only contributing my view that based on available information some things make sense and some dont. The things that do make some sense is wastage of visa numbers in 2010. We have some facts to support the "theory" but not enough.

    What doesn't make sense is Ron's assertion that USCIS wasted 13K EB visas in 2009. Facts simply don't support that.

    Does this help? (Again this is my view... don't want to push it onto others)

    I disagree. This thread is not about some immigration lawyer. This thread is about visa numbers wasted due to USCIS inefficiency. That's what the title of the thread says. Why do I or anybody else care about some immigration lawyer? Why is he/she relevant if its specifically proven with facts that there is no wastage of visa number. You continue to advertise the name of the immigration lawyer. The reason I say this is because in my experience immigration lawyers comment on these issues as if they have direct access to USCIS Director or god. Even after disproving the visa wastage theory with facts you still continue to over analyze immigration body shop instead of discussing the issue. I am just wondering, why would you that? Are you that immigration lawyer or employee of his law firm? Just curious.





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  • gauravster
    11-12 04:58 PM
    WRONG.
    YOU are an EB2 India guy for sure and your PD is close.

    If spillover happens, all visas will get used up by EB2 India only. EB3 India gets nothing. There are way too many Indians in the system. Even if something is left from EB2 India, EB3 ROW will get breadcrums.

    EB3 India gets nothing. So stop giving wrong logic. I will oppose IV helping EB2 guys with close priority dates and not caring about everyone else.

    If spillover happens, it will go to EB2 India sure. But getting the visas used is better than having them wasted. Also, though remote, everyone in EB3 does have a remote chance that at sometime, they might be ported to EB2. For example, those who have EAD, but working with a different employer now (after getting EAD) can ask for the employer to file a new application and be eligible for EB2. Some in same company may also be able to apply for porting.

    There is no problem in having multiple fronts of attack to the problem.



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  • ncrtpMay2004
    11-11 09:33 AM
    Anything possible in the lame duck session.





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  • abhijitp
    07-24 12:51 PM
    It doesn't say that anywhere in the link. The 485 filing instructions clearly state what the initial evidence is.

    There is no doubt the employer letter is required.
    The only question is:
    1) is it safer to wait for RN and then submit this letter as evidence quoting the A# assigned, OR
    2) is it a better idea to submit a new I-485 rightaway along with the letter, OR
    3) should such people just wait hoping they will receive an RFE (I don't like this one at all) whenever the case is opened?



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  • varshadas
    01-30 02:51 PM
    After we come up with the final flyer with images and stuff, we should get it reviewed by IV to make sure that we don't have conflicting statements. We have to get color printouts. We can get them at Kinko's.

    Who is good with PPT? Someone can work on the images? Do we want to use IV's existing images or make some new ones?

    Thanks,
    Varsha





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  • green_mile
    09-21 06:01 PM
    apart from contributing 25$ a month? what is the action item? where the money goes and whom to donate?

    pardon my ignorance.:confused:



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  • p_kumar
    02-21 11:31 AM
    thanks for your responses. its just like stock market. who knows what will happen.





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  • rajuram
    03-10 09:04 PM
    I agree, when will the right time to recapture visa numbers???
    We did not do it in the last government,
    we did not do it when the economy was good,
    did not do it when they were wanting ways for new people to buy houses,
    did not do it in july 2007,

    THERE WILL NEVER BE A RIGHT TIME, NEVER



    Of all 4 the proposals made by vbkris77,
    I would just stick with one and only one:
    RE-CAPTURING VISA NUMBERS.

    If we add any other item like re validating H1B inside US,accountability for USCIS etc, the message would bound to get lost. It will get bogged down by the details of implementing the other proposals. The devil is always in the details.

    I think we need to stick to single target of visa re-capturing (with no mention of the word H1B in the legislation). There should be no crap about H1B workers stealing jobs nor granting pardon for illegals. Visa re-capture is for educated foreign-born professionals currently employed in US.

    Many ask if this is the right time. When will be the right time?. Are we asking anything that has not been already granted by the law?. These past visa numbers have been already approved by the law but not used by the USCIS.

    The time is RIGHT NOW.
    It is interesting why IV team is not taking up this one item and start fund raising.
    May be the team has some valid reasons for not doing so. I could only guess.
    But waiting for the right time to take up this agenda of re-capturing visa numbers is not a valid reason. That is totally hopeless.



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  • feedfront
    09-17 02:02 PM
    Attorney will contact us as soon as they get letter. They are not going to respond w/o service fee.

    Chillax, it's Friday. We'll definitely get it by next week.





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  • pcs
    02-14 03:15 PM
    1 Post WW-1 Germany started to prosper economically, Jewish people have significantly contributed to its development especially by intellectual activities and in knowledge based industry
    People of Asian (mostly Indians and Chinese) origin have contributed significantly to the knowledge industry of US and enhanced its intellectual capital

    2. Since 1933, Nazi party, their parliamentarians several organizations and general media started a hate campaign against Jews blaming them for all ills of Germany

    In US, Different organizations, media personnel and some congressmen started criticizing H1B workers as if they are to blame for the financial downturn and job loss

    3. Nazi Eugenics lead by Josef Mengele and others prove through scientific experiment that Jews and non Aryans are intellectually inferior and unworthy to live. Their work was funded by Nazi party
    Norman Matloff have performed detailed study to prove that Indian and Chinese people are incapable of innovating. Research funded by CIS whose origin is questionable

    4. Jews were to wear special badges with Yuden written in it so that SS guys can identify them easily
    Several US states starts issuing DLs that has a different orientation with "TEMPORARY VISITOR" written across it so that cops can easily identify immigrants

    5. Starting from 1933, a number of restrictive laws prohibited Jews from taking up professions as lawyers, civil service, professors etc to protect German Jobs
    US Congress started imposing some impossible restriction on hiring mostly Indians and Chinese people in key industries and financial sector

    6. A strong wave of protectionist sentiment swept Germany. Members of of the Sturmabteilung started picketing outside Jewish business with "Germans! Defend yourselves! Don't buy from Jews."
    Strong protectionist sentiment in USA. Different US organizations cautioning against Indian firms in the name of defending American jobs

    7. Raiding Jewish business and making arrests on a number of charges
    Arrests and charges against body shops have started on body shops.

    More to follow


    The pint is well made....

    See the history... all big things ( godd or evil ) started small....


    How can one bring US out of recession by firing 65000 H1-B when FOUR MILLION jobs are lost in a year ?????





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  • yagw
    07-13 12:03 PM
    yikes !!! so looks like I have to wait then... anyways I was happy for a few moments till I saw this message :)

    Sorry for bringing the bad news. You will be current in next bulletin so cheer up!!!





    nawlinspoboys
    09-28 08:39 AM
    Good writeup on your brother's experience in India. My brother went to India (for a visit) after 8 years in USA. What he found was great stuff and real bad stuff going on at the same time. Good stuff includes amazing money and prosperity coming to middle and lower middle class of India(ofcourse the poor are left out of all this and suffer). 10 years back middle and lower middle class kids were suffering and getting a manufacturing or civil job for 1000 Rs (after reference from a company insider). Now they get 30 or 40 thousand to begin with. Thats amazin. Downside is lots of cars, tremendous amount of pollution, congestion and same bureaucracy as before. The infrastucture is getting worse and no relief in sight. Also Indian professionals complain about long hours to support US clients. They have no normal family life. Most people stay in the offices till 10 in the night. So I guess it all depends on what each one of us wants. Returning to India is a good idea if you dont mind all the bad things. If you want to live a easy life stick to USA. Ofcourse you will need to diversify in career in coming years.

    DONT EVEN GET ME STARTED ON EU..THEY SUCK A**!!!! TOO LIBERAL (AND RACIST) FOR THEIR OWN DEMISE!!





    svr_76
    06-10 02:04 PM
    exactly..and our best approach would be to also reach other lobbying/groups that represents the employers impact by this to determine a directed/specific approach.



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