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  • jsb
    08-18 09:26 AM
    jsb,

    Now I think some major clarifications are needed here. The Receipt Date (RD) that is printed on the I-485 receipt is the date whenever queuing according to RD is needed. This is THE date wherever a FIFO is required and is as assigned as soon as the envelope containing the I-485 is received.

    The ND only represents the date data-entry is made. This is the date which is mentioned erroneously as "received date" on the USCIS online system. Now this thing has been mentioned at USCIS liaison meetings by center directors and thro' AILA several times (I will post the reference as soon as I find it).

    That said whenever I talked to NSC officers (not the National Customer SC non-officers or regional call center IIO's or Infopass ignoramuses) ..officers who personally were aware of the going on's at the service center they said the Notice date does not carry any value for case adjudication priorities and the CLAIMS 3 systems only sequences (or sweeps as they call it) as per the PD and RD (when needed).

    Further, since I see all the notes made for my approved I-485 (thro' FOIA) including the worksheet completed by contractors. I clearly do not see any notations mentioned with reference to the ND on it...

    That said, for the OP, since your RD is very close to the "official" processing date there are all chances that your application might have already gone under the eyes of a CAO (Center Adjudication Officer). Call NSC directly and ask since you are so close and especially since your date is going current next month....you want to make sure that your file is either pre-adjudicated OR assigned to an officer.

    Normally, RD (on your receipt), and actual data entry date followed by the notice should be in quick succession. Logically, ND is just a notice date, therefore, when questioned they are correct in saying that ND has no relevance for any processing decisions. Due to high volumes of July/Aug 07, a lot of case files were just lying in warehouses for months before a center agreed to accept them. That's why you see online RD so different (and very close to ND).

    If your statement in your first para is true, centers will have to do a lot of work for manually sorting thousands of cases before placing them in cabinets, which is quite impractical. Unless somebody is forcing them to do so, it is highly unlikely to happen. Note that issues under discussion are impacted by high volumes of July/Aug 07 for which systems are not designed. Also, as most cases are not PD dependant, USCIS systems don't handle them well, as they are not designed for handling PD based cases efficiently.





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  • msp1976
    02-05 07:02 AM
    Although it may sound ridiculous but why is everyone want to put any limits to it. If proper controls can be put in place that there are genuine jobs and candidates are genuine then there shouldn't be any limits. How come no one wants to go for this solution. It actually makes more sense then just increasing the quota or not including dependents, etc.

    No cap would be the best solution... but that is very tough to sell in Washington....That's why all this complications of asking to take dependents out of the cap and allowing overflow to go to China/India...

    As I understand, IV already made these arguments to senators and even the senators who are sympathetic to immigration are not willing to remove the cap..The only thing they would accept is that the overflow would go to India/China/oversubscribed countries....I wonder if one of the core members would comment on this.....You do not need to name names....Just a request give a description of your interactions with law makers in this regard...That would put this issue to rest.....


    theortically what longg says is correct.The system is not fair......but not many are listening to us at this point...So we have to find some way out of the situation.....


    We need both alisa and longg as members because we need more to get traction in Washington.....the only common solution for these would be to get the numbers increased somehow....Otherwise EB3-EB3-India-China-ROW keep fighting each other...you would have nothing....





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  • uppaji
    12-19 11:35 AM
    Just contributed 50$ through paypal.





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  • eldrick
    07-20 03:48 PM
    Can someone please clarify this to me?

    I'm really confused with the rule right now. Since my last entry was Apr 2007 and I worked only from July 2007, was I out of status?

    I've read this -
    Out of Status is counted only since last entry in US for employment related I-485. And Section 245(k) covers out of status upto 180 days.

    And I've read this from somewhere too -
    For a new H1B, a grace period of up to 60 days is allowed before you can start work after entering the country.

    Whih rule is correct? Thank you again



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  • ragz4u
    04-19 10:46 AM
    We need

    1) More stories, preferably non IT or IT if it involves research. Please look at the first post in this thread for the format of the email.

    2) All those who have sent stories in the past to me, please send us your phone numbers where we can call you and also our IV id. We might call you very soon.

    Such opportunities do not come often...we can really be noticed Nationally if we are successful this time and it will help our cause immensely....please help yourselves....





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  • rajuseattle
    04-11 07:02 PM
    USCIS do have some checks and balances for the subst labor cases, so its not a staright approvals for the lab subst cases. their might be a possibility few lucky ones get off the hook, but overall USCIS can weed out the dubious/fraudulent employer petitions.

    Sub labor is not the only reason guys, its just the country cap which is limiting india EB-3 and EB-2. Most of the H1Bs like us coming to us ends up applying for GC, now look at the number of H1Bs coming each year from india and the total number of GCs available for india. Their is a huge gap in these numbers, so unless they remove the country cap or recaptured unused VISA numbers from the past years, we dont see any relief.

    Please donate to IV and help lobbying for the admin fixes or the laws which going to help us in the long run.



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  • srkamath
    07-09 11:04 PM
    According to DHS statistics there are around 50,000 EB2 lndia Labors in 2004 and 2005 each. So ppl with 2005, 2006 priority dates you can wait around 6-7 years for ur priority dates to be current with annual limit of around 5000 for EB2 India.

    The lawsuit can be filed by your American Civil Liberties Union Member or ur aunt or uncle or mistress who is a US citizen. U guys and gals with 485's will not be there in the lawsuit but will benefit if the lawsuit wins.

    I looked at the links you have provided and I'm still not sure where your "50,000 EB2 India Labors...." came from. These numbers do not seem trustworthy or reliable.

    Here's data directly from the DOL ETA website.....
    3/28/2005 to 10/28/2005 there were a total of 15973 Labor certifications approved - that includes EB1, 2, 3, 4 for all countries, and 3734 cases for Indian nationals in EB1, 2, 3, 4. Of course a part of EB1 and all of EB5 don't need labor certs.

    If you download the database from the DOL website, apply filters for India, approved cases, then filter out all Level I in all non-managerial occupations, followed by non EB2 job descriptions - you end up with ~ 8 - 9% approvals for EB2-IN which is approx 1300 - 1400 primary applicants.
    In my estimates, i removed most computer programmer level occupations as the USCIS has been very reluctant to approve EB2 for these cases - i could be wrong here.
    As you see, it is IMPOSSIBLE for EB2 IN cases between 3/28/2005 to 10/28/2005 to be much more than 3800 (that is approx 3800 x 2 visas incl dep).
    A total of nearly 50000 EB2 IN applicants (including dep) for 2004 and 2005 may be possible.

    The massive retrogressions we are seeing is mainly because of the fact that only 15439 EB2 visas were issued in 2003, and 32532 i 2004 thanks to DOL backlogs and mis-interpretations of the law by DOS !!!! compare that with an average of 43,000 in most other years since the 1990s.

    I'm pretty confident that your numbers are incorrect





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  • ragz4u
    04-14 09:17 AM
    But do understand one thing. We want to pass these stories to senators and media folks to show them how badly messed up the system is. If you really want to help, please send me by email a decent (no *&^% ;-) ) version of your story. Only then we can really use it!

    Again, do not get me wrong. I totally understand your frustration and can fill up an entire page myself with obscenities at the utter incompetency and malicious intent of employers/lawyers. But will it do any good? Probably serve as a vent for my frustrations but not much beyond that!

    So do yourself a favor and send me a detailed email with all the info mentioned in the first post and we will make sure we add it to the list of stories that we pass on to the senators!

    Thanks for understanding



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  • pappu
    07-17 08:15 PM
    My heartiest congratulations to IV and Core. Over the last 2 weeks I found that IV was the most reliable and quickest in giving us information.

    I have a question for IV , is there a possibility of increasing annual GC quota or atleast reusing unused Visas from previous years.

    Thanks and thanks again for all your work.
    Murali
    Yes.
    If members continue the support and we will definitely now aim for these. The battle is only half won with 485 filings





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  • sanju
    02-26 08:59 PM
    Realizeit: So all of you who support this, please think in terms of how you can convert your verbal support into action in some way, in the coming days
    Best of luck! :)

    You must be kidding. This is a "community of cowards and whiners", the "educated illiterates" who consider themselves elites but who are actually "losers". They will not do anything other than express "support" and ask someone else to work on their "brilliant expression of support". You will not hear from anyone. That's where it ends.

    Sayonara!

    .



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  • seekerofpeace
    08-13 09:51 PM
    Just goes to show how screwed up USCIS is......I have Zero expectations from them and should be able to control my emotions and balance of mind on anything relating to them.

    GC was a mirage and will remain one...

    SoP





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  • nareshg
    07-07 01:45 PM
    no movement ? :)...



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  • Goodintentions
    04-14 02:50 PM
    Looks like this idea has come out of mere frustration. Do you know how many people want to immigrate to the USA? Do you know how many people are waiting in line? Do you think it is correct that only EB-immigrants should be given preference? Why because USA needs all of them? While I have used "you" in the previous sentences, I don't mean just you....rather "we".
    If you have time-bound path to immigration, then right now, the whole Federal Govt. and all employees will have to work only on getting the immigration files cleared. Under current circumstances, I think the current system will get you a GC faster than if they switched to "time bound" today. Do you realize, how many people will suddenly be suing the Govt. for delays? There is no country which guarantees time-bound path to PR.
    While I forcefully oppose the DREAM ACT and CIR, these did not give time bound GCs but only allowed illegals to convert to legals and in time APPLY for GC if they become eligible.
    ================

    Thanks for your comments.

    I honestly do not understand why you seem to be opposed to this approach to alleviate the sufferings of so mant EB3 (esp) and EB2 friends. Discussion and debate are always good.

    Here are a few facts:

    1. Most of the advanced countries in the world - UK, Australia, NZ, Switzerland, Singapore and some Scandinavian countries offer a time based path to residency and citizenship for the educated class of people who come through the proper channel to work

    2. In Canada, Australia, NZ (there could be other countries, but I am not sure) people can apply for a PR based on their OWN education and experience. They are not held hostage by their employers and harassed for ages. It is happening here because the lobbies are very powerful and are supported financially by the corporations to serve their interests. The system has been craftily designed to ensure long term indentured labour

    3. In the entire scheme of things the real beneficiaries are the employers and the law firms

    4. The system would be streamlined and the work of the government would become much simpler and faster. This is the way governments works in several western countries who offer a time bound programme

    5. Every month our EB friends need not stare at the bulletin with great expectations and waste their time

    6.Everyone can plan their future better. (I do not think I need to explain this)

    Best wishes and thanks for your post..





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  • jsb
    08-21 01:29 PM
    Are these RFE's genuine RFE's? I mean, some doc missed, improper or bad copy, etc? Or, if you changed job, or city where you live? Or, just to re-confirm your job offer? Just want a sampling of RFE where they appear to be non-genuine, for my education.



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  • ragz4u
    04-12 09:50 AM
    IV members, we need your stories. We are going to make an all out effort to pass this on to senators/media folks to realize the urgency of the situation.

    Who's story we need?
    Your story about how you are affected by retrogression/back log etc. It could be as simple as 'I have a BS in Mathematics and am stuck in back log for 2 years and cannot fulfil my dreams professionally' to 'I have a PhD in Nuclear Science and US needs me coz there are only a handful of us!' Anything and everything works.

    We have literally recieved stories of stay at home moms (because of H4 they cannot work) to folks who have been interviewed by MIT! The whole spectrum helps.....please please send us your stories...we need all the weapons when we go face the senators on behalf of IV

    Why we need your stories?

    Media folks
    Sometimes we get approached by journalists who need a story the very next day. They are looking for specific subjects for the story though.

    An example is say the Investors Business Daily (a financial daily). A reporter might come to us and ask us if we have anyone from the Finance sector who is suffering due to retrogression and is willing to speak up about it. They might also add that we need only Eb1/Eb2 category folks.
    When this happens, we are in a mad scramble to find folks who fit this criteria so that we do not lose this chance.
    Another example might be of a Medical Journal looking for doctors stuck due to retrogression.
    We are constantly getting requests like this but cannot capitalize on it because we do not have enough stories already available to fit the criteria.
    So please send in your stories. It need not be earth shattering at all (most of us are mere mortals). You never know when a reporter is specifically looking for a story similar to yours and you might just tilt the balance in favor of skilled immigrants.

    We promise we will not reveal your story to media if you do not want to.
    Though there is no harm to reveal one's name in media as can be evidenced by the folks featured in the Roll Call article, Philly Inquirer and News Observer.

    At the same time we understand that you might have reasons to remain out of media and we will fully respect that.


    Lawmakers
    Even during the recess, we were talking to the staff of a ton of senators. Most of the time the senators' staff are interested only if someone from 'their constituency' is also affected. We always say we have a ton of folks from each state, but nothing works like a real example.

    For example, when we speak to say Senator Kennedy, it helps us to present the story of folks affected by retrogression and living in say Boston, MA. That way, the staff has some incentive to look into this and get hooked immediately.

    When we initially started meeting senators, their staff would ask QGA 'Immigration Voice, who or what is that?'

    Lately when we go to meet them, most of the staff have already visited our website multiple times, know about us because of phone calls and faxes by members and ofcourse the articles that have been published....on top of this when we provide stories of members from their constituency, 50% of our work is already achieved....the liason team and QGA take over from there.

    Please send us your stories by sending an email to , shrey@immigrationvoice.org, nagaraj@immigrationvoice.org, sandeep@immigrationvoice.org, sunil@immigrationvoice.org using the following template

    Subject: Story of <Name here>

    Body of email
    Name -

    ID on Immigration Voice -

    Telephone Number -

    Current stage of Green Card -

    Category of GC (EB1/EB2/Eb3 etc) -

    Job Title in Brief -

    Complete Address -

    Brief Story of how Retrogression/Backlog/Delays is affecting your life -

    How US will benefit if you remain here (competitiveness angle) -

    Are you willing to reveal your info to media?

    Are you willing to reveal your info to senators

    Please note that if you are NOT willing to reveal your info, we would use your story but make sure that it cannot be tracked back to you. As in we will not name your company/address anywhere

    Please help us spread awareness....





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  • a1b2c3
    08-21 11:54 PM
    Guys chill out...go out for a movie or something.
    This is not in anyone's control.

    If EB2 visa numbers get exhausted, new visa numbers will be allocated again.
    I'm pretty sure within EB3 dates are also going to move forward.



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  • neo_ny
    06-28 11:03 AM
    Hey ppl - Question for anyone who applied for a passport recently in NY embassy. The website states that they need 35mm * 35mm photographs. Are they strict about it or you can use the standard PP size photograph here in the US 50mm * 50 mm?

    Appreciate any responses! Thanks





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  • sats123
    04-13 07:03 PM
    I have been in this country for 7 years and waiting for PD to apply for 485. I want to share with everybody how employers can really **** the GC. My labor was cleared in sept. 2004, that time it was current and was eligible for concurrent filing. My employer kept on delaying and applied during december christmas week end. Later he surprises me saying that it was rejected, attorney had sent 140 and 485 to California processing center instead of sending it to vermont. On the labor approval, it is clearly written that it should be sent to Vermont for 485. He did not provide me any proof that he had applied for 485 before retrogession was effective.

    My spouse is equally qualified as I am and she is house wife from past 3 years. She thought of persuing masters, but we have to pay the fees of international students. The fees for residents is different than the fees for international students. We are not considered as residents though we pay our taxes here. The total fees to complete masters will not be less
    than $22K.

    I am also a slave like many. I would have had my EAD by Jan. 2005, my spouse would be working if she had EAD. At times it really frustrates me when I think about it. May be going back is a good option instead of getting ripped off from these *** employers and waiting for GC indefinitely. I cannot change my employer as I completed my 6 years unless there is a pre approved labor.





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  • PlainSpeak
    04-15 09:06 PM
    Lets not denigrate all the H4's. I am sure our near and dear ones aren't vile as PlainSpeak.

    Funny post though

    Oh how considerate of you !!!
    You think the same but dont say it out loud





    ragz4u
    04-12 02:04 PM
    That really helps. But we need more stories from IV members. It need not be earth shattering like being a researcher in some cutting edge lab or an exec in a top 50 firm. We all have our own stories

    If you read the first post, the senator (I think it was Kennedy) made a big deal about some immigrant he knew who had a very 'ordinary' life. All of us in IV are atleast one step ahead in the sense that we all are 'highly skilled'.

    It could be about a Software Engineer who cannot get a promotion and has to reject more lucrative/satisfying offers from other firms to a person who is qualified as a High School teacher who cannot teach because she does not have an H1 visa

    It could be about someone getting frustrated and applying to Canada as a backup otion or someone. Someone else might have a spouse who has been on H4 for 6 years and now cannot work inspite of avaiability of sponsor because one may use only 6 years of H visa.

    Guys, unless we all chip in, lets forget about getting any resolution to this issue. IV is doing all it can and has been getting some success in getting amendments introduced. But unless we all step up to the plate, we can assure you it will be very difficult for us to protect these amendments in the senate. House conference will just chew us until we make some noise.

    There are 3000 members on this forum, can't we even get a 100 decent stories to pass on to the media? Its difficult to convice media to write about us with only 5 people's stories......please chip in....as promised, no personal info about you will be revealed, unless you explicity mention that to us....





    amitjoey
    12-19 02:35 PM
    I did contribute $100 few minutes ago...
    Awesome, Thanks



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