Tuesday, June 21, 2011

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  • Refugee_New
    02-21 11:03 AM
    My co-worker tried that and now has 3 RFE's to respond to.
    Don't know the details but mostly it looks like a scam since why did one file Eb3 in first place and how can he add more exp. while Eb3 is pending as a factor for EB2? He is respondign since OCT. but they just keep asking for more details and they have first question for 140/PERM asking - DID YOU EVER HAD ANOTHER LABOR certification besides this one?
    Be very careful-

    This is what happend in my case. I converted my EB3 PD to EB2 PD.

    My EB3 PD was 02/2002. LC Approved in Oct 2005. I-140 approved in 04/2006

    I lost my job and joined another company. Applied PERM with MS degree. Got approved in Jan 2007. Then applied I-140 using PP, requesting to recapture older PD.

    My I-140 was approved within 3 days without any trouble. Now my PD is 02/2002, EB2

    So if you have a right reason then porting PD shouldn't be a problem.





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  • Green.Tech
    03-05 05:16 PM
    There should have been one more option -

    5. I will be buying a house now since I am on H-1B, and also have a pending I-485 and approved EAD

    There may be many like me who would vote for the above. But I guess this would probably be detrimental to what this poll is trying to achieve?

    That is exactly what I mentioned in one of my previous posts in this thread...but it conveniently got ignored :)





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  • paulavijit
    03-17 09:08 AM
    Guy you are forgetting the 7% per country quota for issuing GC. Applicants from a particular country can only get 7% of the total GC available in a year.

    Total employment based quota per year is 140,000 and 7% of it is 9800. So at the most only 9800 Indians can get GC per year. This count also includes the dependents.

    So even if your PD is current and you have filed your I-485 but there may be more than 9800 Indians with the same status and hence only the first 9800 will get GC that year.

    There are more than 100,000 primary Indian applicants who have filed their I-485 and assuming a average Indian family size of 3, there are 300,000 who are waiting for GC. Only 9800 can get in a year. So if the law does not change this backlog will finish in more than 30 years.





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  • v7461558
    07-17 11:23 AM
    See? It works. Nothing like instant gratification!

    Go after the lies one by one. We have the power to disassemble lies, because knowledge is power.

    Anyone want to take on #3?

    After a while, they'll get tired and take the whole thing down. Whatever other methods of propagating lies they try, we have the power to expose them. And, the laws are on our side.



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  • justAnotherFile
    07-24 01:23 PM
    The law 245 (c) clearly states that the status of the applicant may be adjusted to that of permanent resident only if the visa number is available.

    Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.

    This must lie within the discretion of the USCIS but will need some lobbying because of no precedent of invoking it.

    This is similar to the H1-B issue, previously apllication were accepted only on Oct 1, if the current year visas ran out. The USCIS made a policy change to accept applications for the next year starting April 1 in order to alleviate some problems regarding status etc.

    Those of who who are inetersted in pursuing this furhter should write a 2-3 line question to USCIS in the below link. If there are enough questions on the same issue we may elicit a response.

    http://www.whitehouse.gov/ask

    we can plan further action later.





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  • xyzgc
    01-17 12:39 PM
    If he had lost his job, he wouldn't bull-shitting around like this on public forums.
    Its always easy when some one else loses his/her job to go like "what! what!!!" and pretend to be shell-shocked,while your job is still intact. Sounds like some bollywood-style melodrama.



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  • pappu
    01-18 01:18 PM
    we need some more members to keep this effort stay ignited. This effort has helped us get several hundred members in the past few weeks. Pls continue to help. It will only take 15 min of your time.





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  • hpandey
    04-24 10:57 AM
    Wish you best of luck !!



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  • natrajs
    07-11 10:49 PM
    You are absolutely right dude :)
    All (whose PD will be current) the Eb2 India folks try your luckkkkkkkkkkkkk..


    Even after your PD becomes current you are still at the mercy of the IO and RD, ND and all the odd's

    Its like Mega Million or Power ball lotto. I don't trust USCIS/DOS until I have the GC plastic in my hand.

    In mean while we have to focus on the legislative efforts, Especially for EB3-I with out that it will be very hard.

    So folks be active and get involved in IV's effort





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  • PD200711
    06-11 01:03 PM
    Sent to my Senators (NC)



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  • oliTwist
    02-13 12:57 PM
    come on this is bull s***.





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  • Jaime
    09-10 12:37 PM
    You have been stuck in the Labor backlog centers or name check for years - It's not our fault that USCIS is a totally broken agency and the immigration process discriminatory and arcane. We contribute billions to the economy and love the U.S. The least we can ask for is for a fair immigration process (let alone a good one) just plain old FAIR will do!



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  • BharatPremi
    04-07 04:32 PM
    Hi,
    I was going through the flatcenter PERM data for year 2004.

    In the Coulm Last_sig_Event, some of data rows have value

    'Received Regional Office'.

    Anyboay has an idea what does this mean?.

    Regards,
    Alex

    Yes, Once upon a time there was a zoo (When I was young and trapped into this zoo) with a name "labor processing". That zoo was divided in two trails. One trail of that labor zoo was called "State processing" and other was called "regional processing". Once the GC animal is waited long enough in "State processing" trail then it used to see the another trail "Regional Processing". There was no way to escape from the zoo via "State processing" trail. Once GC animal is entered into "Regional Processing" trail then again it had to wait a long and if got lucky at some day used to get a chance to escape from that zoo and go to the another zoo "I-140" processing with a mark "labor approved" embarked on the forehead of the animal. After many years, under the careful inspection of the authority of the zoo, it was found that there is a population surge in the stuck animals so zoo keeper decided to create a new zoo "Backlog centers"... And from then onwards you know the rest story...:)





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  • PresidentO
    02-11 01:19 PM
    Read this
    http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf

    and tell us, where do you see 13,000 unused numbers?

    Desi3933,

    +1

    People keep falling for the attorney's sensationalism. If he is so *darn* right, why does not he got to DOS and get an explanation on why they did not extend dates further and why DOS did not do the math right. Just because you have a blog does not mean that you can write what ever you want. Well I guess you could. Obviously, our fellow members think that they really lost a chance at the green card. An attorney writes a piece of crap with out substantiative evidence or an authority such as DOS confirming underutilization of visa numbers and our members go on the roof and start yelling What is IV doing?

    If any one has looked at the bills sponsored by congresswoman lofgren in the past congress, one of the bills eliminate the spill over of visas from FB to EB and vice versa. If the numbers are coming into EB from FB this year, FB was the one that was supposed to get numbers from EB last year. As I recall during the final Q of 08, DOS announced that there were 22K visa numbers or what so ever that came in from FB and moved dates all the way into Aug 06 for EB2 India. Hence there must *NOT* have been any spill over last year and DOS unable to walk on the slippery slope actually issued 1120 more visas as you pointed and benefitted AOS applicants.



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  • Ahimsa
    11-22 08:11 AM
    ... You cannot guarantee 2 years from now for those who applied in 2003 and 2004 till getting GC...
    ... My PD is in 2003 and I am EB-3 ROW but I don't think it will happen in two years in this pace...

    Until now (from June 2005) Schedule A EB3 applicants were prioritized in GC number allocations, making the H-1B EB3 applicants' priority dates stayed put.
    From Jan 2007 onwards there will be no priority for Schedule A. So I expect the EB3 dates for all countries to move from Jan 2007 onwards. 2003 and 2004 applicants may be able to file 485 with an available GC number in 2 years but may get stuck in the FBI name check.





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  • prinive
    04-07 04:43 PM
    Finally just received THAT email. "Current Status: Card production ordered"

    PD Sep 2001

    EB3 India.



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  • thirdworldman
    03-15 01:45 PM
    I'm all for doing a robot; I'm also for a six week deadline with intermediary deadlines; the longer the better though--this is very time consuming and i'm going away for a few weeks.





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  • Madhuri
    03-17 11:28 AM
    EB3-India
    PD: March 2006
    EAD-AP approved, FP done





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  • .soulty
    02-16 07:23 PM
    thanks grinch and thirdworldman(shheshh do you have a shorter username? lol)

    nice render eilsoe :thumb:





    h1b_forever
    03-09 12:31 PM
    Looks like
    April 2008 - 01 oct 2001
    April 2009 - 01 Nov 2001
    April 2010 - 01 Dec 2001

    and so on...

    We will def get our GC this century if we are lucky





    hara_patta_for_rico
    07-10 08:12 AM
    It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.

    In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:

    http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure

    To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:

    COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
    COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
    COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
    COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
    COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)

    There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.

    Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.


    Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....



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