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  • BharatPremi
    09-24 06:04 PM
    Many of us could be over-qualified for our current EB3 position (after so many years of wait) and is accepting the current position only to strictly adhere to "same/similar" job classification. In that case employer can file a GC for our real qualification i.e. Eb2.

    Yes agree. The point is that for an example in September 2008 if you used AC21 then on that date you and your employer claimed that your skills are matching for "particular EB3 job classification" . Now if you go interfiling to USCIS in March 2009 then USCIS doubt as logically employer ca not establish the "natural skill progression" within 6 months.

    One more thing - RFEs. Although people used AC21 in 2007 or start of 2008, just recently USCIS sent RFEs to many. All of them have just finished replying those RFEs in which hthey claimed that they are still working on a "same job" matching EB3 skill. My employer sent that RFE response in May 2009. So my clock starts again from May 2009. In December 2009 it is almost impossible for my employer to show that " I am fit for advanced skills". So this is the glitch that lot many lawyers are strongly hesitant to proceed on interfiling.





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  • angelfire76
    11-04 10:34 AM
    Good talent is sought after. So if one is really good, multiple companies would want to get them to work for them. That would result in multiple labor petitions.
    Good talent also needs to make up its mind as to which company to stick to. The "future job" labor petition is so full of holes that its misused lot more than its used.

    Individuals who are scared (company not reputed; they had issues in the past; or any other reason) tend to approach multiple companies and have them file a labor for them as a "backup".

    These "backups" are the ones clogging the system right now blocking genuine petitions from getting approved / denied quicker. Otherwise even at the rate at which the DOL works, I would think a decent time for petition approval/denial under PERM would be 8 weeks instead of 16+ weeks right now

    Someone gets laid off from their initial sponsoring company finds another sponsor and files a subsequent labor.


    This should be a pretty genuine case, which should survive any audit. No worries here.





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  • crazyghoda
    09-23 04:42 PM
    That's exactly what I wrote a few posts above. I think the more basic question is - What does 485 inventory mean? Is it already filed 485 numbers or "can be filed based on approved I-140" numbers?

    To the OP: Can you provide the link from where we can open the PDF instead of just throwing the PDF open. Maybe that will provide a better context to the numbers.

    If these are pending 485 applications at USCIS, Number of pending applications with PD later than JUL 2007 should be zero.

    If these are labor filings, they probably dont include dependents.





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  • abc1125
    01-14 08:38 PM
    I've sent the letters to the WH and IV. Hoping for the best.

    I, however, have some questions for the senior members of the IV team. Especially for the ones who are active in the lobbying efforts in Congress and the White House. How realistic are the chances for Green card visa numbers relief, even for the longer term? It seems like there are immigrants from 2 countries - India and China who are adversely effected by the low visa numbers. If one is an immigrant for any other part of the world, it actually isnt that hard to get a Green Card thru employer sponsorship. That being the case, do you think Washington would consider this an issue that needs expedient resolution or for that matter an issue that needs a resolution at all?

    Dont want to sound like a downer in this inspiring thread, but at the same time, any answers to my question will be greatly appreciated.



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  • Amma
    01-24 11:22 PM
    It was on Dec 2005 . Luftansa . Chennai - Frankfurt- Dallas . I was waiting for my boarding pass . I handed over my e ticket to the lady at the counter. Instead of issuing the boarding pass , she asked me about my H1B papers. I got confused . Why should I show my papers to this lady ? . Since it was my very first trip to US , I meekly showed her my papers.After that she had issued the boarding pass.

    Friends, you may think I am very meek.This was not my first overseas trip. I had visited Japan previously. I didn't want to have fight with her and start my journey in bitter taste from the beginning.

    Don't think only Non-Indians treat Indians shabbily. Our enemy is within.

    If I happened to see that lady once again in Chennai -------





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  • optimystic
    08-21 08:30 PM
    I think the division of Eb2 and EB3 will be over when oct VB comes. Mostly Eb3 will go back 2003 or 2004 and Eb3 date may be 2002. At that time there will be unity.

    The current visa bulletin says EB3 PDs may go back to the level that was in June 08 visa bulletin or worser. So it is very likely that EB3 will be anywhere between Apr 2001 to Nov 2001. Personally I would be happy if it remained at least beyond May 2001.

    I dont see EB3 moving to 2002 unless USCIS wants to agressively move it forward, so that they can continue their unfair trend of procesing some out of order low hanging fruit cases in EB3 category, just because they are sitting on the top of their applications pile, even if they had much later PDs. Just like they are doing with EB2


    What will unite people is to fight against the common pain point... *Unfair advantage given to out of order applicants* , whether it be EB2 or EB3, who are much later in the queue, but some how are on the top of application piles, and easily accessible to IOs- who are making DOS move the PDs, just so that they can clear of their tables by approving these cases, rather than trying to access applications in FIFO and follow a fair process.

    The whole EB2-EB3 divide arose out of this unfair practice of USCIS. Which just on their whim move PDs forward , be it EB3 or EB2. It just happened, that EB2 date has been moved more aggressively, probably because there is less backlog there. But looking at all the EB2 people still waiting with 2003, 2004 PDs while 2006 are getting approvals, indicates that the real problem is USCIS not doing due diligence to identify the right cases to be processed next and get the exact count of such cases.


    Just asking them to recapture visa numbers or cyring foul against wasted numbers etc will still not solve the problem unless we also FORCE them to follow FIFO and process cases FAIRLY. And do their due diligence to spend some time and put their application piles in proper order. Otherwise USCIS will continue to use these recaptured visas and use them to approve FU***&G Out of Order cases and manipulate & play the system to achieve that by jumping around the PD up/down/'U' and what not, just so because it is *convenient* for them to do so.



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  • iak1973
    04-01 12:48 PM
    India/China Quota numbers � Update | Klasko, Rulon, Stock & Seltzer, LLP: Blog (http://blog.klaskolaw.com/2011/04/01/indiachina-quota-numbers-update/)

    India/China Quota numbers � Update
    April 1st, 2011 by William Stock
    While the USCIS numbers of pending I-485 make me relatively pessimistic on movement for India and China EB-2, the State Department�s internal case management staff are feeling more optimistic. In fact, we are seeing the National Visa Center issue fee bills for EB-2 India immigrant visa files with priority dates as late as November 2007, which would seem to indicate that NVC, at least, thinks the visa numbers will move at least that far ahead this year.

    A caveat against reading too much into the NVC action: recall that it was imperfect information-sharing between USCIS and the State Department that led to the July 2007 �Visagate� debacle, and NVC likely has a small minority of the overall number of visa petitions with India and China EB priority dates in 2006 and early 2007, since so many of those beneficiaries could file for adjustment of status in July of 2007.

    It�s also possible that NVC is simply trying to get cases set up with fees paid and documents submitted in case the numbers stay current for the rest of the fiscal year � but applicants would lose their filing fees if the numbers retrogress later this year.

    We will have to wait for the May Visa Bulletin from the State Department, likely released by April 13 or so, for more detailed information on the State Department�s thinking.



    Counting the dates..... Thank you all in IV team; great work





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  • elaiyam
    06-29 08:11 PM
    Murthy's Flash News

    http://www.murthy.com/nflash/nf_062907.html

    We have received news from the American Immigration Lawyers Association (AILA) that they have reliable information that the July Visa Bulletin will be revised on Monday, July 2nd, or Tuesday, July 3rd. This Visa Bulletin is expected to retrogress many of the categories that were announced as being "Current" for July. It is expected that at least some of the categories will become completely "unavailable." The reason for this is that the USCIS apparently engaged in extraordinary efforts to approve cases in June, once there was some forward movement of the Visa Bulletin. They did this to try to avoid the tide of cases expected in July. Each green card approval uses one visa number. If the numbers are all used for the year, then the DOS will issue a revised Visa Bulletin reflecting "unavailable" in the particular category or categories.

    more at
    http://www.murthy.com/nflash/nf_062907.html



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  • Googler
    10-17 11:55 PM
    By Mr. Cannon:
    "NNCPS is partnering with other Agencies to provide contractors and personnel to process name checks. For example, the FBI and USCIS have implemented a key initiative to use contractor resources to prioritize the processing of "Single-Hit" USClS Name Check requests, that is, pending name check requests that have only one FBI file potentially identified with it that needs to be reviewed in order to process the request. By applying contractor resources to process these "Single Hit" requests, the FBI may significantly reduce the pending USClS name check workload."

    Declaration of M. Cannon filed in one of the civil cases in Northern GA, dated October 4th, 2007. To know for sure you have to have a pending lawsuit and send a discovery request to district US Attorney.

    First of all, lazycis, thank you for all the great information on the immigration portal WOM thread and now on the IV forums. The community owes you.

    Re: this Cannon declaration -- do you mind sharing the case number or case name (X v Chertoff) or the declaration if you have downloaded it from Pacer?





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  • Lasantha
    01-31 09:19 AM
    So is this mess happening in the Indain consulates only? Or is it more widespread?



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  • reddymjm
    08-07 10:15 AM
    These are the red dots and comments I have got so far:
    Calling US educated and... 08-07-2008 10:54 AM anti-immigrant in the making
    Calling US educated and... 08-07-2008 10:30 AM
    Calling US educated and... 08-07-2008 10:24 AM Selfish!!!
    Calling US educated and... 08-07-2008 09:37 AM very disappointing post.
    Calling US educated and... 08-07-2008 03:12 AM From your post one thing is clear, you are an embodiment of selfishness. Oh by the way, I am also an EB2 guy who could benefit from your proposal. After GC, what is next stop? NumbersUSA ?

    To get More greens and Sympathy.





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  • logiclife
    02-17 10:32 AM
    IV has hired a lobbying firm Quinn-Gillespie and associates, a top notch Washington communications(lobbying) firm to help us advocate a sound EB greencard legislation.

    That was announced last Wednesday.



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  • pshaikh
    12-15 01:34 PM
    I have an appointment at Mumbai Consulate on Jan 2 for H1-B & H4 renewal.

    People who interviewed in December and have started receiving passports back - please provide information in the format below. Thanks!

    Date of interview, Passport received back (yes/no), Date passport received (or N/A), Visa class, Consulate location, Visa renewal only (yes/no), Any other info. worth sharing.

    Eg:
    Dec 5, Passport rcvd -YES, Dec 12, H1-B, Chennai, Renewal-yes
    other details: <.....................>

    Below is some background info. on this recently introduced change:
    Delays in Visa Issuance Resulting from the Department of State�s New Directive on Nonimmigrant Visa Issuance

    The U.S. Department of State (DOS) instructed consular posts that approvals of H, L, O, P and Q visa petitions must be verified through the Petition Information Management Service (PIMS) before a nonimmigrant visa can be issued. PIMS is an electronic report generated by DOS�s Kentucky Consular Center that collects nonimmigrant visa petition approval information from USCIS. PIMS contains data on initial petition approvals and on L blanket petitions that were approved in 2004 or later. PIMS does not contain information on approvals of extension of stay or changes of status petitions.

    Consular officers adjudicating visa applications must consult PIMS to verify the approval of the underlying nonimmigrant visa petition. If the petition approval cannot be verified through PIMS, the officer must contact the Kentucky Consular Center, which in turn attempts to verify the approval through USCIS�s Computer Linked Applications Information Management System (CLAIMS).

    DOS officials state that PIMS verification typically takes no more than 24 hours and that verification through CLAIMS typically takes two business days. Most cases involving initial nonimmigrant visa petitions are verified within these timeframes. However, we have received many reports of longer processing times for extension of stay and change of status cases. These cases must be verified with the assistance of the Kentucky Consular Center and can take longer to be processed. DOS has indicated that there are no current plans to include extension and change of status approval information in PIMS, which may result in significant delays for many applicants.

    Foreign nationals who will be applying for nonimmigrant visas should expect longer processing times due to the new PIMS and CLAIMS verification requirement. How long the electronic process will take may vary from case to case. However, same-day and next-day visa issuance should not be expected. DOS projects that visa issuance will improve once the agency moves to a full online NIV application system in mid-2008.





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  • vdlrao
    03-29 06:30 PM
    I am expecting the Dates for EB2 Inidia and China will move to Dec 2006 in May with 12k Spill over.

    So if we get about 30k more for this whole fiscal year, assuming:

    From EB1: 10K more
    From EB4 and EB5: About 10K
    From EB2 ROW: About 10K


    Then EB2 I/C will move about 12 months ahead. That means the cutoff date would be around Jan2008 by Aug/Sep 2011. This is the best case scenario.


    If we get only 20k more for this whole fiscal year,

    Then EB2 I/C will move about 8 to 9 months ahead. That means the cutoff date would be around Jul 2007 by Aug/Sep 2011. This is the worst case scenario.



    This is just my estimation/guestimation.


    .



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  • sc3
    08-20 07:54 PM
    Not excatly. eb3_2004 has posted the link of INA. You will find more interesting things if you read through it.

    Non-descrimination rule is clearly spelled out in Section 202 (a). I assume this rule should be generally applied to all applicants, no matter which categories they are falling, unless other rules specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203.

    INA does not say to spillover unused visas first to EB2 then EB3. I assume USCIS and Department of State should treat each EB applicants equally (based on their priority dates, not based on EB categories) in according to INA act.

    It is likely the misinterpretation violates the law. We need some one which more professional knowledge to read through it. Can some core member help?

    This is awesome lead. It suggests that barring 203 (which does not talk much about per-country limits) and paragraph 2 (which goes moot when there is spill-over), there should be no discrimination. But does the anti-discrimination apply to "qualification requirements" ?? That will be the counter argument against applying this section.





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  • Rocky4884
    08-11 06:52 PM
    My simple question to you is are you in or are you out. If I rember correctly, you have masters and in Eb2 line...
    If you are in, I want to give you call to discuss the logistics..

    Hey funnySurya, I'm in (wherever you like) & want to discuss logistics, send me ur contact details...

    PS I'm EB3 India educated and definitely make more $$ than you, I own a company :D but don't employ people like you, not too worried about GC, life is good.



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  • kushaljn
    01-17 02:36 PM
    Hello, I can understand your pain as I was in a similar situation as you are. I would recommend to wait for atleast 2 weeks. I interviewed on 28th Dec and finally got the email on 9th Jan and the pp stamped on 10th Jan and took the flight on 12th Jan.

    If you have an upcoming travel which is in next week, please try to reschedule it as it is not certain on how much time does it take in such cases.

    I do not think getting the employer involved into this will help. VFS office will have no clue on this and they will answer only Questions on the process. Writing to the US consulate will also give you a general answer. It is sad that there is no accountability in cases like these. Please keep the faith.


    I am in the same situation. Appeared for interview on 8th jan in Mumbai. They returned my PP, I-797 with a yellow paper and asked me to wait for email. Haven't recieved any email yet. Do I need to contact my employer? Does my employer need to call someone in US for approval? Or shall I just keep waiting? It is very frustrating. I called VFS office but they don't know anything.. If anyone has received email or approval please keep us posted as this is the only source of information.





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  • peer123
    05-27 05:53 PM
    Friends we all know to get AC21 it takes 6 months from the date of 485/EAD application.

    Suppose you get your EAD and say have an extension on H1B also for 3 years. But you have not completed 6 months after date of 485 application. In the mean time you loose your Job, then can we still retain the EAD... with say new employer....





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  • nkavjs
    09-25 02:00 PM
    I had followed your footsteps Cadude long time back. One quick question, how to I bug USCIS complaint dept.. or inquiry dept. any email or fax number?
    I am in corresp. with my senator and congressman.
    Thanks
    ps : Did you call USCIS to make sure your checks are encashed or got LIN numbers?
    I know you got your I-765 numbers.





    mallu
    10-17 10:42 PM
    http://boards.immigrationportal.com/showthread.php?t=194681&page=464





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    10-13 04:26 PM
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