Monday, July 4, 2011

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  • laborchic
    09-24 05:36 PM
    There are 37275 applications with PD of 2004 or earlier. Can we make an assumption that about 20 to 30% of these would try to port once economy turns around in the next 18 to 24 months? How will this impact wait time for a EB2 with PD Jan 2006?

    I am really disappointed in the info provided via the foia effort. It told me that there are only 4118 applications before me. 4118 vs 28074. Worst kind of sick joke.

    Based on the PD on my 140 Approval Notice (May-2004) there are 28074 applications before me. This is the correct date.
    Based on the PD on my 485 Interview Notice (Aug-2007) there are 53192 applications before me.

    I do not know how my application was counted when the data was put together.

    Huh.... How did you got this information of how many applications are in queue before you??? Am I missing something here...:confused:





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  • glus
    01-21 09:50 AM
    I had both a valid visa stamped on my passport and AP. But my wife did not have a stamped visa so I showed her AP and my h1. The immigration inspector said that you both have to use AP to enter. I argued with him a little that I can use my h1 when it is valid but he did not agree and said that I am trying to do a fraud. Well I did not argue much and let him stamp my I 94 with a parole stamp till 01/26/2007. I have now filed for my extension.

    I have verified that with my attorney. The officer should not have asked you to enter on AP. You could have entered on H1 or AP and it was up to you. This is a good example of the fact that some immigration officers do not know the rules well. If your H1 is still good, you can leave and re-enter showing H1 and you should be fine.

    G





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  • gcsomeday
    08-22 10:40 AM
    Like others have pointed out, it looks like that the numbers are being allocated in a different way from before. Does any one know of any article or discussion by a real attorney or some expert on what is going on?

    USCIS may be using divide and silence tactics. One can already see the impact of EB2 being as good as current. They probably liked what they saw and are setting up to move back EB3 much more. At this rate EB3 will crawl to death. People will try to jump into EB2 and realignments/adjustments automatically will take place.All good for USCIS.

    But, going back to my original question, what are the legal experts saying? Can any legal entity or any type of action force USCIS to explain what the heck is going on?





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  • rajeshalex
    10-13 06:45 PM
    u wont get 20% discount and referral at same time. I talked to the CS. So she told me go with the referral first, complete the referral month and then prepay for the one year starting from that date.



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  • dudenj
    09-28 08:14 AM
    Good news guys, my checks have been encashed this morning, looks like they are processing july 2nd cases now, probably because of all the pressure from congressmen and all the complaints that have been going out to uscis-complaints.

    Finally some relief, the receipt #'s are printed at back of the check and its starts with SRC so i guess it has been transferred to either CA or TX.

    Hang in there guys iam sure all july 2nd filers will surely see their applications processed by early next week.


    My details Filed at NCS @ 9:01 am received by R.Mickels





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  • she81
    06-29 08:55 PM
    To quote it in a much broader sense, America is not the end of the world - period! Just take it easy and enjoy life...don't freak out if the visa bulletin updates and you don't get to file your 485...we are all in this country by our free will..if we feel the rules of the land are not fair to us..each one of us is free to leave....

    On another front, if this actually does happen, I will be the first person to sue USCIS for all the expenses, lost time and headaches that I incurred in preparing the 485 application...I think USCIS can't get away without reimbursing everyone for all of the above...

    Agreed it is not the end of the world... but no monetary sum can reimburse the stress we've gone through and going through, the number of years worrying, the numerous decisions we've deferred, the immobility of career we've gone through... just in anticipation. They just brought all these people to the well to quench their thirst only to find out that it's but dried up.



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  • vicsthedude
    09-24 06:18 PM
    Here is my chart

    EB1 EB2 EB3 EB4 EB5 EBOther
    India 718 47728 62607 123 13 107
    China 607 19333 6343 384 13 30
    Mexixo 174 211 7878 62 0 90
    Phil 74 510 11563 70 0 264
    ROW 2477 7150 62840 1378 40 1029
    __________________________________________________ ______________
    Total 4050 74932 151231 2017 66 1520

    ================================================== ===

    Total EB1+EB4+EB5 + Ebother = 7653
    _______________________________________
    EB2- MEX+PHIL+ROW = 7871
    ________________________________________
    Assuming new cases in ROW Category = 4476 (Random number makes total visa number
    being used to round 20,000)
    __________________________________________________ ___________
    TOT Visa that would surely be used = EB1ALL+ EB4ALL+EB5ALL+EBothersALL+EB2ROW+Eb2M+Eb2P=
    7653+7871+4476 = 20000
    __________________________________________________ _____________________

    Visa Numbers Available for both AOS & CP after using sure shot cases (140,000-20,000) = 120,000

    Additional Visa numbers will be available for categories (EB2 I/C + EB3 I/C/M/P/ROW) all other categories will be current.

    Because there are 62,840 EB3 pending for the rest of the world I doubt any additional numbers(spill) would
    be given to EB3I/C/P/M spill would be used by EB3 ROW ???? Correct me if I am wrong



    Of the additional visa numbers available after EB3 ROW uses it, max how many can be allocated to India and China EB2 is the question.......? Can someone answer this based on the max limit per country and per category???





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  • gcnirvana
    06-20 02:59 PM
    This is the number in red on your visa stamp in ur passport. Mine is 8-digits long. Even if ur visa stamp has expired you've to provide that number.
    Hope this helps!
    Hi,

    I am filing up form 485 and on Part 3 Section - Processing Information, there is a question asking for Nonimmigrant Visa Number.

    Any clue about this?

    Thanks in advance,

    Kalpen



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  • bomber
    06-29 06:27 PM
    At the cost of being bombarded by every one in this forum,
    if the VB bulletin is indeed "retrogressed" to Pre madness - back to what was supposed to be the next jump from June 2003 (perhaps 6 months or more for EB3 and 2005 for EB2), this would actually be a good thing in my opinion.

    What they did by making the VB current is going to have serious consequences a few months down the line. People who have been waiting for years may still not get their turn in line, while others simply jump ahead and take away the visa numbers. People are excited at the short term benefits of EAD/AP but we must look at the long term effects also.

    I believe (and im entitled to my own beliefs ) that if anything, USCIS/DOS have actually finally figured out their mistake of making everything current and are now back tracking to what would be a decent situation instead of the floodgates being opened. I dont believe it has anything to do with conspiracy theories or CIR or any such thing.

    And btw - i would be one of those people who spent money to get ready for the floodgates and i would also be one of those that gets stuck!

    What you said could be true but only if they move the dats back like you mentioned. would show utter inefficiency if they make them all U.





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  • theonlyron
    01-05 05:49 AM
    Appt. date: Dec 20th, 2007
    Received the PP by express mail on Dec 21st, 2007
    Mumbai Consulate did not interview husband and myself. An Indian gentleman called us to the counter and told us that the VO had approved our H1B renewals and that we would receive the PP by courier the following day.



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  • tnite
    01-03 10:25 AM
    Not sure I understand this line
    >>
    If things continue this bad, am planning to use my AP to travel back to the US.
    >>
    How can you come back to US w/out passport?

    VO doesnt keep your passport if a via not issued at the time of the interview . He gives it back after the interview. Once you receive the email , you have to go the VFS office and then had in the passport.





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  • deba
    06-15 05:10 PM
    Folks, while reading the 485 instructions, I found that the check is to be paid to 'Department of Homeland Security'. Not to USCIS as mentioned in the very first post of this thread. Please comment.



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  • singhsa3
    11-04 11:15 AM
    I think the question though genuine and points to the fundamental flaw in the system but is irrelevant to the point of discussion here.
    The whole point is that the incentive for porting has been taken away by making computer information manger a Job Zone 4. In addition, additional scrutny will weed out any fraud.

    I need to read up on the new zones implementation.

    But if you may, please answer this question: If one wants to change jobs within the same company to a new job that falls in the same zone as his current one, can he do that without a new LCA?
    The new job is in the same building/region; just some additional responsibility and would be in a different group than the present one.





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  • buehler
    09-13 01:22 PM
    Finally got greened. Got the CPO email for myself and my wife today. It has been more than 9.5 frustrating years since I came to this country. But I am finally happy that it came through.

    I am even more happy that I did not just leave it to time. I have been heavily involved with IV from the beginning. I have spent plenty of time and money on IV and happy to see that it has benefited myself and others.

    Don't loose heart. Keep fighting for what you think is fair.



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  • qasleuth
    11-20 08:46 PM
    I bought a house in the year 2006 (2 years back as Punjabi did)....there were reports, news items, articles everywhere talking about the real estate bubble with data available by cities/states. So saying something like "what is the fault of Punjabi" is not fair as we are all here because of our "extraordinarily high skills". And where did the $200 K number come from ? In the city where I live, the average house price was $220,000, I bought a house which was worth $185,000. I knew my limits.

    First of all I am not affected by foreclosure and nor do I own a property.

    Now let me say this: What is the fault of Punjabi if his house price went down by $200K? He has a load which is not only more than his house value, he is also paying an interest on that loan. It is true that he has got into hot water but how many years will it take to make $200 K? Most of us are not millionaires here. It is true that he will suffer for a few years but I dont see why giving up the house is not an option. Why would he continue to pay interest and principal when his house may not get to the same value in his lifetime? I think foreclosure is a small price to pay in that light.





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  • katrina
    05-10 02:49 PM
    My wife is on F1 visa and I am hoping the dates will move soon and we will be able to file 485. I would like to know if

    >she can file 485 by being in F1 ?

    If you are under H1b and she is applying for 485 together with you then answer is yes she can.

    >Once she files being in F1, can she still continue to be on F1 and travel in and out of US on F1?

    No because F1 is for non immigrant as F1 you show that you have no intention to move to US but once your file your I-485 you show an intention to move and stay in US therefore F1 is no longer valid.

    >What will be her status when she starts using EAD if she filed being in F1?
    Once she filed 485 she will be waiting for her status to be Permanent resident.
    her F1 is no longer valid. She can work using her EAD but if I485 got reject she will be automatically out of status and has to go out from US.

    I'm not a lawyer what I've told and writte has to be confirm with your attorney.


    Also Please see below answer by Attorney Murthy:

    Hello. My wife is studying on F-1 visa and I filed I-485 for her. (I have a valid H1B.) Can we now change from AOS to CP? Will this in any way affect her status or mine?

    Attorney Murthy : A person on F-1 is no longer considered on F-1 status once she files the I-485 papers, unlike the person on an H1B who is legally allowed to maintain both statuses. So, if a person who only had F-1 status switches to CP, then the spouse has to switch to H-4 status in the U.S. immediately. Otherwise, she is considered out of status in the U.S. if the USCIS agrees to cancel the I-485 and convert the case to CP.



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  • 485_se_dukhi
    07-18 08:55 PM
    Here's the link to the transcripts of the "Tonight" show:

    http://transcripts.cnn.com/TRANSCRIPTS/ldt.html

    This can be used as a starting point for fact checking his claims and assertions, without having to sit through his shows..





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  • Alabaman
    04-24 05:10 PM
    "Provide safeguards for visa holders so they know their rights under the law. This would include wage rates and access to benefits."

    What benefits are they talking about here?? As far as I am concerned, H1B visa holders have to no benefits... we pay SS taxes, federal taxes, Medicaid, state etc. As soon as we loose our jobs we are told we have a couple of days to leave the country - even when we have been here for years. What an inhumane way to treat a tax payer.





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  • CADude
    09-20 01:33 PM
    I also did googling.. but couldn't get fax# or email of Director @ NSC [GERALD HEINAUER]. It seems not avialble in public domain.

    But my application received by some person who singed for director :)

    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Avenue, NW
    Suite 7000
    Washington, DC 20529
    or email: USCIS-COMPLAINT@DHS.GOV

    I would appericiate, few more people can send an email.





    royus77
    06-29 07:30 PM
    For the nth time.. numbers are reduced only after approval and not based on receipt of application. So if you can submit it on July 2nd you submit it on 3rd and so on.

    485 Approvals are coming in thousands every day ( as per the increasing activity on pending 485s)...and DOS can any day suspend if they think numbers are over ..so if you are lucky on 2nd you are in and so on ..remember GCs are not only approved in US only it been happening at all the visa posts all the world





    xyz2009
    08-18 02:16 PM
    Hi All
    I got greened today. Same here for me and my wife. I voted on the poll for me. Let me know if you want me to add one more for my wife too.

    Here are my details for your reference:

    1. EB2 India
    2. PD: Dec 21 2005
    3. NSC
    4. I-485 Receipt Date: July 2 2007
    5. I-485 Notice Date: July 30 2007
    6. What I did: SR on 2/8 (File pending and awaiting assigning to officer) wife SR 2/8 (Actively working and need additional review)...wife is a dependent
    7. Went for infopass on 2/8 afternoon (First day when I was current)...guy told me your cases are pre-adjudicated and files are with officer and same for me. Was happy
    8. Called second level IOs from 3/8 till 3/14 everyday.
    9. Some were knowledgeable and some were not but more or less good people I met
    10. One good person on 3/10 told me Mr Sharma your file is in transit...may be in some crate or some bin and might be on the move to an officer...I said Infopass guy told me they are with officers then he said clearly NO...your status is in transit and your files are NOT assigned to officer and your paralegals July 23 referral is still open and I cannot expedite it. So write to NSC follow up and mention my name and tell to expedite your case and see if they oblige you and help you. Thats your only hope. I cannot override your outstanding July 23 2010 referral.
    11. I did that and surprisingly nobody replied to that and few days earlier I had written to same email id and I got standard response for me and my wife
    12. I wrote to Ombudsman last Wed and yesterday after a follow somebody acknowledged and said we will take action
    13. I contacted senator office in mid July 2010 and after full one month I was in their system and congressional staffer was assigned to me and he called me and said on Monday evening I am writing to NSC Liasion and told me to wait for 2 weeks
    14. To my surprise he forwarded me NSC update which said files are with adjudicating officer and it did say that they are processing 4000 cases in a month.
    15. Congressional aide called me and said per his experience this is a + email and you can be approved anytime now.
    16. At 6.02 am there were 2 SMS and I checked online status changed to decision and then emails which said welcome new permanent residents
    17. I have been in US for 10 yrs now. Did full time MBA (F1) and then switched 2 jobs, it was a second GC as I left a March 2005 labor and started new Perm labor with the second company on H1B
    18. Was able to file through July 2007 VB fiasco
    19. Left the company after 250 days and switch on H1B transfer and ported my GC
    20. My current employer attorney did file for AC21
    21. Was waiting for this current window of opportunity

    Honestly I did everything I could do and did NOT leave any table unturned. I dont know what worked or not but yes I tried each and everything.

    IV is a fantastic platform indeed. I respect each and every member and I will help in every possible way indeed.

    Now few questions and clarifications:

    1. My wife is in India returning on sat evening. She was on H4.
    2. When she left I gave her advance paroles original
    3. I also gave her print out of I-485 receipt
    4. I told her to print out USCIS GC approval email that came today

    Now questions:
    1. She should go to which queue at POE, Visa or the ones for citizens/permanent residents?
    2. What she should tell the IO? When she left she was on H4 and on Aug 17th my 485 was approved and here is the proof (approval email print out) and ask the IO to respond?
    3. What will happen then? She will be taken somewhere and they will put D-155 stamp on her passport OR she would be allowed to enter on her Advance Parole or She will be admitted on H4 with I-94?

    Anybody has the same experience, kindly explain me so that I can inform my wife immediately.

    If anybody wants any help with any step please send me private message please. Would be glad to help.

    Best Regards,



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