Sunday, June 12, 2011

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  • new_gc_guy
    09-11 03:48 PM
    second 100$ contribution...

    GO IV

    Order Details - Sep 11, 2007 4:10 PM EDT
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  • dpp
    07-06 12:15 PM
    I have changed the thread title.

    Thanks, i don't want to confuse, but i just put something to post it initially.




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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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  • needhelp!
    09-11 12:57 PM
    1, mamthavijai, theMan, lccleared, GC2015



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  • ak_2006
    06-04 01:15 PM
    :)Thanks to Zappy and rpchalasani...

    Zappy...:DEnjoy the moments....:D




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  • franklin
    09-28 08:57 PM
    But I think franklin posted earlier that she got her GC when the priority dates are not current. And shows about 5 EB3s from India got approvals during September whos PDs are on or after 2003.Do you think USCIS might have requested the visa number for their cases when their PD was current?

    Theory 1: I got assigned a visa number as soon as my case arrived at USCIS in early June.

    Theory 2: Spend as much time talking to lawmakers and reporters as I do, they want to shut that squeaky wheel up.

    I like Theory 2 best :)

    I would say, however, just because a handful of applications have been speedy, I don't see any systematic changes that mean everyone's will be.



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  • komaragiri
    08-02 04:23 PM
    Hopefully they can as well speed up their process for July filers.

    Wake up Texas !!:)




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  • pa_arora
    06-10 01:33 PM
    That is the victory due to our admin fixes campaign. Your thousands of letters are working here.
    We had received good feedback in our meetings with the administration.
    The whole process of making final announcements is just too slow!!

    We recently had another meeting to discuss one more admin fix item that has not been addressed yet and was part of our letters. Let us hope some decision comes out soon enough.


    Pappu, then why no to plan for another letter campaign, if that is what making things work a little bit.



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  • satyasaich
    08-14 06:55 PM
    """The Mexico F2A and Employment Third preference cut-off dates are �unavailable� for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September. """

    Let's understand it ! I'm sure you are aware about July 2007 Visa Bulletin fiasco. It made every category "C". Before that in June 2007 bulletin - they moved dates for EB3 & EB2 singnificantly. For EB3 India - it moved from May 2001 to Jun 2003 - People who filed their AOS are 'June' applicants and People who filed because of July 2007 bulletin are 'July/Aug' applicants

    DOS refering to these June applicants means having PD earlier than Jun 2003. I hope its clear to you.

    If one thinks with cool head, what you said makes sense. also if you remember when EB3 (I) was actually retrgoressed on Jan1/2005, the PD was jun/2002. Then it was retrogressed all the way back to 1999 or something. Later on, slowly it came up to March/2001 & stopped there for a while due to the so called 'Hump' (due to 245i cases, i think)
    AND slowly but steadily PD for EB-I crawled up to Nov/2001 until May2007.
    Suddenly in June'07, the PD was advanced to June/2003 and i know so many pending cases were cleared around july and august of 2007.
    So far what i've mentioned are all facts only.
    Now looking forward for fiscal year allocations starting from Oct'2008, i can say the PD for EB-I will begin atleast Jun'2002. May be even a better PD but i'm not sure. For sure there is a good chance of making progress to end of 2003 when it comes to Sep'2009. This is based on availability of only those visa numbers as mandated by law as of today.
    Any comments




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  • kalyan
    03-18 10:22 AM
    Dont worry about 1200$ cheque. It is also a big amount.

    We pay money for lot of things like GC , H1B visa , more than 75% pay money for getting sponsorship and to run the payroll.

    We are not only screwed by the US government, but by our Desi Employers, inbetween rats who are the middleman.

    Look for GC and try to work on 1099 which is the best deal.

    We need to expedite our views for Jobs and GC. We are fighting for 1200$ of cheque's when there'nt more jobs to keep our status legal and our GC is costing us more like the Medical Insurance.

    Getup and think what are our priorities.



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  • eastindia
    08-23 08:55 AM
    Why there is nothing for EB Multinational Managers? Even a small project manager gets a priority greencard and people with masters degree and 10 year experience are waiting. Nobody has told to USCIS yet?

    Where is GCperm when you need one?




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  • User00
    01-10 10:11 AM
    Some good ideas and thoughts here. Here's my 2c :)
    One thing that no one has pointed out and I wonder if people even care about it, but to me its a BIG issue.
    All our hard earned $$$$ going into the Social Security and Medicare pool. Has anyone even thought about this ? If you look at your figure closely, it is the amount of money that an average american family saves over 1 year.
    I personally feel that it is too big a contribution to let it to waste and for me getting a green card would make me eligible to get all the benefits that I deserve and have rightly earned.
    Peace



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  • trueguy
    08-04 04:45 PM
    How about if we frame a well thought out letter..and present facts and start mass mailing - maybe once a month - every month. That we they will hear from us every month - in bulk.

    How about if we dont use words like bonded etc and just repeatedly request the system to be repaired. Use of words like bonded etc can send a wrong signal.

    We can also add our stories in there to give that emotional/human touch - eg. I can say that I have been in this country since 1999 and still waiting. If I look at my W-2s from 2001 (when I started working), I must have consistently paid about 10k in taxes to the Federal Govt and another 3k to the State every year. that makes my tax contribution to about 90k-100k in 8years..I think thats huge and I am still waiting, for being a tax paying and law abiding citizen just because the Immigration system is broken. I am a recruiter and I recruit US Citizens in large numbers for large govt projects, offering them really high salaries - while I am helping them "indirectly" realize their American Dream - my dreams are nowhere in the horizon. My wife works in the Child Welfare System and she helps broken families get back on their feet - while she is putting together their broken families - our family is still stranded in the system with no sign of moving forward.

    Just a passing thought! I thought I should run this by you all. Thanks for reading.


    yes, we need a more refined and professional letter that has a better impression and give us some results. Any help from IV?

    Thanks.




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  • lazycis
    05-14 03:50 PM
    this is extremely useful information. Can you please update IV Wiki, when you get a chance ? www.immigrationvoice.com/wiki

    Will do.



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  • twinbrothers
    07-09 06:42 PM
    I live in Pasadena, CA. Email me at twinbrothers@gmail.com




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  • gctest
    09-13 09:56 PM
    are bhagwan... kash maine substitue labor use kiya hota....

    I would have been approved by then...

    Been here since 1996 and have a doctorate .. but still in EB2.. and i don't regret it .... but i don't want anymore line jumping for sure.




    Delete this moron's login.. I bet he has a substitute eb2 labor himself - talk about morality


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  • gc_on_demand
    04-30 03:03 PM
    Aytes is talking about transformation program...

    Any idea on transformation program ??:confused::confused:




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  • hebron
    03-04 03:08 PM
    Its about late registered birth certificate... They want some secondary evidence...

    Hi TomTancredo (even though I hate the real Tancredo, you seem to be a good person :)),

    This is exactly why I asked you if you could share the details of your RFE. My attorney had asked me to submit affidavits from my parents since I did not have birth ceritificate. Is this the same issue with yours? Could you share the details if you don't mind?

    Thank you.




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  • Suva
    07-19 02:30 PM
    I think you are wrong. When the application is entered into the system that date is called Notice date. Receipt date would be the date USCIS recieves the application.

    Receipt date is not the date when the application reaches the service center. It is infact the date when your application is entered into their internal system which could be several days after the application has reached the service center.




    Macaca
    10-01 04:40 PM
    Cut-off days not only determine number of applications that can be received at their end, but also the make eligible applications approvable. I think at times when the cut-off date resulted in more approvable cases than USCIS can handle, then they move it back as well.

    The # GCs approved is controlled by a quota for each quarter.

    So they can accept all the AOS applications and approve all the AOS applications but approve GCs controlled by the quarterly quota.




    immi_twinges
    07-20 04:02 PM
    Senator Kennedy gave big speeches on immigration.
    he talks about amnesty to people who stayed illegally for 10 years
    How about staying legally for 10 years...

    The Democrats falsely accused the anti-amnesty forces of "opposing immigration" and "racism." Actually more Democrats voted Nay.

    I though Kennedy was pro immigration...looks like he just cares about illegal immigration..

    Lets ask the so called pro immigration senators who voted naey...why they did it
    Arent they aware of the USCIS wasting so many visas and plight of legal immigrants
    They want to convert illegals to legal...
    Lets ask them to First fix the Legal immigration:mad:



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