Monday, July 4, 2011

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  • SunnySurya
    08-07 02:17 PM
    Of course you can do leagally, the GC is for the fututre job. We were able to do away with labor sub and we can do the same here.
    Though, it is unfair one can not do legally, as long as USCIS recoconoze the the job offered at desi consulting companies are genuine and real "fulltime permanant job". They may be gaming the system..it is their model of bussiness to make money..and it is well supported by lawyers, lobbyists and ofcourse benefit seeking employees. You cant break this strong wall before the uscis. You should have witnessed how much resistance they created when DOL/USCIS abolished labor subsitution. In nut shell, if you close one loophole, they will find another. You are in wrong forum..





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  • pani_6
    08-21 03:51 PM
    I saw that Ron told one "so depressed" in his Forum..that we can launch a law suit..against this new interpretation..however..I dont know its worth the time and effort..although uscis learns only by law suits..

    Lets see next months Visa allocation for the new year and see where it starts from..I am hoping from Mid of 03..lets see..besides..only quick solution so far is the Visa capture ..dont know where it stands...


    we got 20 more days to influence people about EB-3 numbers..what is the most effective thing to do collectively before he new Visa bull comes out..

    Any idea Pappu..??.

    I am thinking a Flower Campign to Sen Lofgren??..what do you guys think..

    ""Forget Me not ..I am EB-3 India (Highly skilled) waiting a decade for my Green Card"..Please pass the Visa recapture bill! ""





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  • WaldenPond
    01-02 10:30 PM
    WaldenPond,

    I send u a PM.
    --MC

    Thanks mchundi. I replied to your PM. Please continue to contribute to this forum with ideas, information and participation that would help everybody here. Your participation is very important as it motivate others.

    Thanks again.
    WaldenPond





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  • nrk
    08-17 02:05 PM
    congrats enjoy.


    Hi guys

    Just now (12.30 PM EST) I got a mail from USCIS saying your application has been approved. I didn't do anything (never opened SR or contacted Senator) but last week I did had an info pass appointment which was useless. MY PD was Feb 2005 EB2 INDIA (The fun part is My AP and EAD are still pending for over 4 months)
    Wish you good luck guys

    Thanks again



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  • anilkumar0902
    08-19 01:15 PM
    Yes. Indeed you are approved..Congrats.

    I received the card production ordered email today morning, after 1 hr again I received a Decision email. Online status shows as "Decision" , does this mean my 485 is approved?

    PD: 10-Feb-2006 (EB2)
    Opened SR on 08/03
    SR response on 08/18 - Your case is currently under review by an officer.

    Current 485 Status:

    Your Case Status: Decision

    On August 19, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.





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  • mirage
    08-22 11:49 AM
    Guys Please send this out. It'll take 20 minutes and less than $2 of postage stamps...If we can get Rep Zoe Lofgren's attention towards our issue, the whole thing may change...

    ------------------------------------------------------------------------
    Charles Oppenheim / Visa Section
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520

    From,

    Your Name/Your Address/EB-3 India Applicant
    Priority Date: May 2003
    Some City,
    OK-2#####

    Dear Sir/Madam,


    Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories


    I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.

    It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.

    A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
    We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.

    It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
    We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.



    We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.


    God Bless America!

    Thank you for you attention,


    (Your Name OR EB-3 India Applicant )
    Priority Date: April 02
    Category: EB-3
    Member ImmigrationVoice.Org

    Copy Sent to

    Honorable Secretary of State
    Dr. Condoleezza Rice
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520


    Honorable Director, USCIS
    U.S. Citizenship and Immigration Service
    20 Massachusetts Avenue, NW
    Washington, D.C. 20529

    Citizenship and Immigration Services Ombudsman
    Department of Homeland Security
    Attention: Case Problems
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Senator John Cornyn
    Chairman - United States Senate Judiciary subCommittee on
    Immigration, Border Security and Citizenship
    517 Hart Senate Office Bldg.
    Washington, DC 20510
    Main: 202-224-2934
    Fax: 202-228-2856

    Congresswoman Zoe Lofgren
    Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
    Refugees, Border Security, and International Law
    102 Cannon HOB
    Washington, D.C. 20515
    Telephone (202) 225-3072



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  • sakthikams
    04-25 02:32 PM
    from http://www.dhs.gov/journal/leadership

    below is the extract from above link...

    Addressing Employment-Based Visa Wait Times

    There have been a lot of comments and questions received from readers about employment-based petitions and related applications for adjustment to lawful permanent residence.

    This is a complicated subject, so I want to provide a little background. Becoming a permanent resident based on employment can require a number of steps, including obtaining a labor certification from the Department of Labor, receiving approval on a petition for alien worker from U.S. Citizenship and Immigration Services (USCIS) (Form I-140) and obtaining an immigrant visa from the Department of State or being granted adjustment of status from USCIS. In addition, by law there are numerical limits on the number of people who can immigrate to the U.S. each year in most categories. You can see a more detailed explanation about the employment-based visa application process online.

    Some readers have asked about the volume of employment applications and delays that have occurred in employment-based visa petition and adjustment application processing in late 2007 and early 2008. There were a number of factors that affected USCIS' handling of these cases during that time. Employers filed more than 234,000 petitions to sponsor foreign workers (Form I-140) as the Department of Labor cleared a large backlog of labor certification applications and implemented new regulations. Adjustment-of-status application filings also soared to nearly 300,000. We attribute the increase in adjustment application filings to a couple things. First, customers' anticipation of USCIS' filing fee increase in July 2007. Second, a unique opportunity for workers and their families to file adjustment applications based on the visa availability date announced in the July 2007 Immigrant Visa Bulletin. Many of these availability dates have since reverted, creating a backlog of adjustment applications that cannot be adjudicated until a visa becomes available.

    A few months ago, a customer indicated his frustration that while he can monitor the Visa Bulletin to see how it moves month to month, he still has no idea how many people are waiting in line with pending adjustment applications or how long it may be before USCIS can process and approve his application. We know this customer is not alone! In response to that customer's request, we are working to make this information available on our Web site.

    I understand the importance of becoming a permanent resident. I also recognize workers may rightly want to take advantage of the limited provisions in current law that allow certain applicants to change employers without affecting their ability to adjust status. As a result, USCIS has taken the following steps:
    USCIS has increased the emphasis on processing employment-based petitions. Our goal is to complete adjudication on the older I-140 petitions and to process newer petitions within our targeted processing time of four months. We are making progress toward this goal and anticipate reaching this goal by the end of September 2009.
    USCIS is issuing employment authorization documents valid for two years, as needed.
    USCIS is working with the State Department to make sure we use every available visa number. In 2007, we had more visas available in the family-based categories than were needed, so as permitted by law, we transferred those available family-based visas for use in the employment-based application process.
    I recognize that this is a difficult and complex situation and USCIS is working hard to make improvements and to increase transparency in our processes.


    Mike Aytes
    Acting Deputy Director, USCIS

    below is the extract from immigration-law.com

    04/25/2009: On-Going USCIS Efforts to Reduce Backlog in Employment-Based Immigration Applications

    Lately, I-140 and EB-485 applicants have been receiving envelopes from the Service Centers with their long-awaited approval notices, particularly those cases which were filed during and after the FY 2007 July Visa Bulletin fiasco period. Along with the development, information has been released by the stake-holder agencies of the Department of State and the USCIS indicating that there has been efforts on the part of the USCIS to eliminate employment-based immigation backlogs. In releasing the May 2009 Visa Bulletin, the State Department confirmed that the USCIS had been taking out EB visa numbers en masse exhausting all the EB-3 visa numbers available for the rest of FY 2009.

    This report is consistent with the information released by the USCIS on its projected processing time to four months for the employment-based I-140 petitions and EB-485 applications by the end of FY 2009, which is September 30, 2009. The goal appears to have contributed to the exhaustion of annually allocated employment-based visa numbers so that no EB visa numbers be unused or wasted by the end of FY 2009. The commitment to this goal of the USCIS is reaffirmed by yesterday's release of Mr. Michael Ayte's report on the employment-based visa processing times in the Leadership Journal of the DHS. Considering a huge backlog and processing delays in the employment-based immigration petitions and 485 applications for almost two years as affected primarily by the FY 2007 July Visa Bulletin fiasco, the recent event that evolved in the USCIS processing time change is certainly a welcome news for waiters who have suffered from the past backlogs.

    What have tirbuted to this change? The long-term strategy for reduction of processing times for immigration benefits applications appears to be launch of "Transformation Program" that intended to achieve reduction of processing times by turning current paper-based application and processing system into complete electronization system and process focusing on the concept of digital "account" databases within approximately a period of five years. However, this program has experienced a snag. However, lately the DHS disclosed its multi-billion dollar contract with the IBM for two programs. One is to convert all the existing files and date into digitazition and the other is to develop and implement electronic application and processing system. Reportedly, for this purpose, the IBM reenforced its operation in India and the work is underway. However, report indicates that the first phase appears to focus on the digitazation of existing database rather than implementation of electronic application and processing system. Overall, the goal of the contract appears to be completed in the next five years. It thus appears that the current efforts of elimination of backlogs within this fiscal year do not rely on the progress of this program. The big momentum was created by the Congress appropriating fund for USCIS human resources.

    gtThanks to the Congress action to give fund for hiring additional 2,000 resources, the USCIS recxruited and trained new hires who joined the USCIS field offices including Service Centers and local district and field offices, initially focusing on the job of elimination of huge naturalization applications. USCIS had been reporting that the hurdle for reduction of employment-based immigration cases was the mountain of naturalization applications that poured in around the time of FY 2007 July Visa Bulletin fiasco. Now, the naturalization application backlog is under control, inreased resources are becoming available for the employment-based immigration files. Another important factor that has contributed to the agency's recent move was the implementation name-check reduction agreement between the FBI and the DHS and the USCIS policy to complete adjudicaion of EB-485 applications when the FBI name check failed to complete within 180 days. The third factor that cannot be discounted nor minimized is the new DHS leadership's move and commitment for the elimination of the employment-based immigration case backlogs. As people may recall, the Secretary Napolitano of the DHS issued a directive to report the state of backlogs in the immigration benefit applications and the USCIS leaders plan for reduction or elimination of such backlogs. With all of the above developments combined, the employment-based immgrant community is continuously expected to witness the reduction of processing times, at least for a short term. However, long-term reduction or elimination of EB case processing backlog is likely to depend on success of the IBM contract digitization program of the USCIS. This needs continuing internal and external political support, and we hope that the Congress extends its strong support, particularly considering importance of the successful reengineering program to accomodate the potentially forthcoming avalanche and flood gate opening for case loads for the USCIS when the country passes the Comprehensive Immigration Reform legi

    extract from http://www.dhs.gov/journal/leadership

    Addressing Employment-Based Visa Wait Times

    There have been a lot of comments and questions received from readers about employment-based petitions and related applications for adjustment to lawful permanent residence.

    This is a complicated subject, so I want to provide a little background. Becoming a permanent resident based on employment can require a number of steps, including




    Mike Aytes
    Acting Deputy Director, USCIS





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  • justAnotherFile
    07-09 10:26 PM
    Everyone, Gandhigiri is a great idea. I had my skepticism initially but this is working great. Ignore cynics like Smitha. Just encourage more to send flowers.

    Emilio responded because of guilt. He just could not sit tight. That is the power of this Gandhigiri. Soon more an more people in Govt will sit up and notice. Keep the momentum going. Hats off to the person who started and sustained this campaign.....

    ----------------------------------

    My message to USCIS:

    Occasion: Sympathy
    Gift Message and Signature: Sorry to hear about the recent death of Justice and Humanity in US Legal Immigration.
    If this reaches a veteran,Thanks for your sacrifice,we pray for you,Please spare a Prayer for us legal immigrants too.GOD BLESS AMERICA



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  • ryan
    04-06 10:15 AM
    always amazes me how so many folks depend upon these immigration attorney websites and get disappointed...we are better off supporting IV advocacy and get first hand information on what is going on in DC, USCIS and DOS.

    This is not the first time and I'm sure it won't be the last time these AILA folks generate sensational news! Help IV to help you!

    Exactly. It's like some have gone berserk on the possible 12K unused visa bit. There are scientific (perhaps, even astrological) calculations, assumptions, predictions from lawyers, "Gurus" and just about everyone else..yet, the support to help IV, in order to help each and everyone is minimal to non-existent. Isn’t being at the Advocacy day (or contributing to the day) -- speaking to the powers-that-be, the MOST effective way to get the backlog issues addressed?! It all feels a bit headless chicken central.





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  • gc_wow
    09-24 11:27 PM
    It looks like atleast 75% of EB2 I with priority dates 2004 seems to be approved, this should bring down the count of 2004 less than 1000 may be little more than 1000.



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  • 485Mbe4001
    09-26 06:17 PM
    Good discussion. I am not a fox fan, but i read NYT and Drudgereport, listen to Rachel Maddaw as well as Handel. In fact i read any political and economics related blog i can lay my hands on. I understand your points.

    My point is that people say he will do so many things, the problem is that the congress is not changing. The congress has to approve something so that he can sign it. Secondly no matter what you say companies will do whatever is right for the bottomline and share price. if he starts taxing companies they relocate, he has proposed increasing the social security taxes across all categories. Says he will not increase taxes for middle class americans but gives little indication of how he will finance the trillion dollar spending program. If his universal health program passes then you will see more deducted out of your paycheck. How will he create tons of jobs, how will he subsidize education. The fact of the matter is that he will be under exterme pressure if he is elected to office with such high expectations. He will be screwed if he increases taxes and screwed if he doesnt fund the programs he is promising all over the place.

    As for long term, the country has to increase interest rates to support the current account deficit. IF you increase interest rates the economy will further go in the tank. The country has to increase taxes to fund SS or Medicare. If not they need to overhaul the SS and MC system and any pandering politican will never be able to make that change.

    The fact of the matter is that both are career politicians and will do anyting to win. i just want to present an opposing view when one is painted as the saviour and the other a @$#@ in a total crapfest where no one is pure.





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  • eb3retro
    10-13 04:00 PM
    have not been following this thread so deep. Looks like if someone introduces the other person to vonage service, does both of them get 2 months free? if yes, could someone refer me. pls me me. thanks.



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  • drona
    07-09 11:57 PM
    Thanks gdhiren! Please take pictures if possible!

    Please post your message at the thread below as that is where the group is coordinating the event tomorrow.

    http://immigrationvoice.org/forum/showthread.php?t=6287





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  • trueguy
    08-21 11:59 AM
    All of you guys are smart ,highly skilled immigrants.

    Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..

    Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.

    same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
    He left current employer and found another who willing to apply under Eb2.

    Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.

    CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.


    EB3 will not any visa from recapture bcoz it will go to EB2 first. EB2 line is not going to clear in next 10 years bcoz nowadays everybody applies in EB2 and as they move VB forward for EB2, more and more people apply for AOS and it never ends.

    So EB3 won't be benefited by recapture unless there is a clause specifically for EB3 allotment out of that recapture



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  • malibuguy007
    09-09 05:33 PM
    Only 6 pages so far - we should be at 60!!!





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  • mallu
    08-16 11:46 PM
    http://www.dhs.gov/xlibrary/assets/CISOmbudsman_AnnualReport_2006_II-F-Name_Checks.pdf

    Has anything happened so far by recommendation of USCIS Ombudsman ? The position looks like a 'toothless tiger' .



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  • pat123
    10-01 12:05 PM
    Hi All

    Today I received email for me
    Your Case Status: Card/ Document Production

    On September 25, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.


    and for my husband it says

    Your Case Status: Decision

    On September 24, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.

    I dont understand why his case is in decision when he is the primary .. Has anyone come across similar situation ?
    My PD is sep 05 and service center is TSC.

    Congratulations. Could you tell me that Notice date of your I-485 application? Is it somehwere in AUG 2007 or Sept2007?

    Thanks





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  • Canadian_Dream
    11-28 03:30 PM
    My prediction was more on the long term like 5-10 years horizon. REITs have lost almost 70% of their values, but that's because asset value has gone down. If you want to gauge the returns look at the dividend yields on REIT which hasn't gone down that much. Besides due to free fall of oil and credit crunch we have deflationary pressure affecting the rents.

    I don't think deflation is going to last very long, and sooner than later inflation will come back. and rents will go up. The enormous spending that is on card along with the money printed for bailout will eventually lead to inflation and dollar decline. Though I would rather have a deflation, signs tell me it is going to be inflation, call it my luck I have often been on the wrong side of the table. Look out for 50% REIT dividend yields in next 5-10 years.


    rents will sky rocket in our dreams (I own a little REIT - so in my dreams too). rents are mostly decided on supply and demand, location and vacancy rates. in 99% of the areas the rents will increase by a very small amount and there is a good chance that it will stay the same or come down (because of deals). there is a huge oversupply of rental apartments and townhomes/condos (which are converted to rentals in many places)
    in other words - rents will not go up for long long time and in my experience in many places, it has come down by around 100 - 200$ in many locations





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  • crksd
    10-16 09:30 PM
    No, we didn't raise a SR after the interview. I was planning on doing it early next week since I had not seen any LUDs since our interview, and then we found a nice surprise this morning. But, if you are wait has been longer, it certainly won't hurt to do it. Good luck in your case too.





    nocomment
    09-23 04:34 PM
    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.





    vikki76
    10-02 04:11 PM
    Some of us with 2004 are still waiting.



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