Thursday, July 21, 2011

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  • abhathakur
    03-08 11:30 PM
    The last time I managed to ping an admin assistant level person at the Records and Information Dissemination Section at FBI that is responsible for NNCP, she said the analysts were looking at the 2002/2003 files and this was when I called in November 2005 (No amount of cajoling or pleading or trickery would make her say a word beyond that, very intimidating the female!!!). I am not sure if the 2002/2003 was a reference to the receipt date or the priority date, my guess is it must have been the receipt date of the I-485 application.

    Considering the receipt date of my application is in Nov., 2004...it is going to be a wait and the India EB-2 Visa availability in the interim for my PD can pretty much oscillate from being available to not and back and I'll still be waiting!!!

    Anyway, it was good to know through a privacy act request to the FOIA division of the FBI that the index check in their central name check database produced no hits for me.....now if their NNCP bretheren would come to the same conclusion SOON, that would be something!!! By the way, I spoke with the FOIA liasion at the FBI and he did say that the NNCP department was in the process of making status inquiry possible again...dunno how long thats gonna take though!

    On a different note, have made my second contribution to IV and have inspired an impacted friend to do the same and have exhorted others to make a contribution as well....my reason for aligning with IV, I like to fight the right fight not just because it is my fight right now.





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  • gc_on_demand
    05-06 03:30 PM
    I got a reply from USCIS saying that they can process the request sorted by priority date and country of birth of the applicant. Processing time will be around 15 months and that they have got their answer on priority date.

    what are the next steps?

    I dont think we should relay on their 15 months time line. Its too late. I am sure in coming 15 months whole immigration system will be changed. May be we will see point based system or something different. And at that time information will be no use. They are smart that is why they gave us 15 months. They will wait for 12 months to Congress to do something and then if nothing happen they will write SQL query in last 3 months.





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  • gc_chahiye
    08-15 05:33 PM
    Well, I mean no offense to anybody but why is EB3 ROW so far back while EB2 India and China are as per June bulletin or better?
    I thought for India the approved cases were 5 times the country quota for 2007? Good for those guys that were approved but I still don't get it why ROW is 2002!

    India did have tons of approvals, but I believe most were EB3 (18K) so thats gone to U. These are just a small number of unused visas that were presumably returned. October and there-on dates are a real reflection of USCIS backlog etc. (see the arbitrary use of Jan 2007 for EB1 in this VB)





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  • gauravster
    02-18 06:08 PM
    I am not sure if I am missing something, but going through the document, it looks like the bill is for legals and illegals alike. It does not mention that you have to be illegal to qualify for permanent residence, just that you should have been in the US for 5 years. This allows for casual/innocent absence, not sure what that means though.

    The only loophole I see in the statment is that it says that DHS may change status to legal resident, meaning that it could be restricted by the DHS in any way they like.



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  • alex99
    10-12 01:47 PM
    Hi Friends,

    Please participate in this Eb3 Poll so that we would have some idea on Eb3 numbers from ImmigrationVoice members.

    Thanks & Regards,

    Alex





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  • Googler
    02-21 12:52 PM
    Can the mods please split off these posts about porting to EB-2 to another thread? People who want to discuss converting to EB-2 would you please start another thread, so this one can be devoted to spillovers, visa cutoff movements etc?

    Thanks!



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  • johnwright03
    07-01 09:38 AM
    06/30/2007: Potential EB Visa Number Exhaution in July and Probable Actions of State Department or USCIS

    * By now, people understand that the sources of potential action by the State Department or USCIS are predicated on the two important facts. One was the information from a government source that there were only about 40,000 numbers left for the entire EB visa numbers for the FY 2007 which ends on September 30, 2007. The second important fact was that reportedly the USCIS alone had far more than 40,000 I-485 applications in the backlog queue that were reportedly ready for approval. Considering the fact that the immigrant visa numbers are consumed by the approval of I-485 applications by the USCIS and the approval of immigant visa applications in the consular processing by visa posts througout the world, 40,000 visa numbers could be fairly quickly exhausted in early July 2007. This prediction was exacerbated by the information that the USCIS was apparently picking up the pace of I-485 adjudications lately.

    * Obviously the State Department has been in communication with the USCIS and was well aware of the situation. Sources reported that the State Department might revise the July Visa Bulletin either Monday or Tuesday to reflect the situation. However, it is unclear at this point whether this will occur on Monday or Tuesday or, for that matter, some time soon, particulary considering the ongoing uproar in the nation. Assuming that the EB immigrant visa number will be exhausted before the end of July, from the government perspectives, they may have two options to handle this matter. One is the State Department revises the Visa Bulletin based on the newly developed facts and predictions. The other option is that the State Department does not take any action of revising the Visa Bulletin but just notify the USCIS when the visa numbers for certain categories are exhausted. The initial sources of rumor was the former possibility. However, as updated by the AILA afterwards, it might or might not happen.

    * Whether the State Department revises the July visa bulletin or not, the fact will remain that 40,000 numbers could indeed be run out in a fairly short period of time in July. It is too obvious that under the statute, when the visa numbers are exhausted, the USCIS will not be able to approve any I-485 applications, and for that reason, the USCIS may wrongly reject the incoming I-485 applications or return I-485 applications which were received after the date when the visa number is exhausted. This happened for the "other worker" category in June when the priority date was current in June for certain other workers. The issue of legality of such action of the USCIS is rooted in the required distinction of the USCIS statutory mandates between its job of adjudication of 485 applications "already in the pipeline" and its job of "accepting new 485 applications." Arguably, when the visa number runs out, there is no question about that the USCIS should not and cannot adjudicate and approve any 485 applications. But there is no legal basis that the USCIS should not and cannot "accept" new 485 applications when the cases fall within the cut-off date of the monthly visa bulletin. If the State Department attempts to revise the July Visa Bulletin, probably they are doing it to overcome the predicament of the USCIS that will face in rejecting the new 485 applications. The problem is the State Department's own legal problem or authority to revise the published Visa Bulletin. Accordingly, either USCIS or State Department will be liable for either abuse of power or arbitrary act depending on who acts. The AILF is planning to sue the USCIS for rejecting "other worker" new 485 applications in June probably on ultra vires or other statutory authority grounds. Should the same thing happen in July, the AILF intends to extend its lawsuit to cover the July 2007 485 applicants, probably in the form of class action. What happens if the State Department revises the Visa Bulletin and the USCIS rejects the new applications based on the new Visa Bulletin? Strictly speaking, there may be no cause of action against the USCIS in that it followed the State Department's Visa Bulletin for the month of July. In this case, probably the lawsuit will have to be directed to the State Department for violation of law in revising the visa bulletin. We will soon find out.

    * Where does this leave to the July 485 applicants? Fact remains that all likelihood, the annual limit may reach fairly early in July and they should file their cases before the visa posts and the USCIS exhaust all the numbers. They have to do this probably for the two reasons. One is that should the government take the second option of rejecting new cases after reaching the limit just as we experienced in the other worker cases, those who filed the I-485 application before that date will not be affected. Those who files the application after the date of exhaution and receive rejection of the 485 applications may be entitled to sue the USCIS either in a class action or individually. Secondly, if the government takes the first option of the State Department revising the July Visa Bulletin, they will have to sue the State Department and for that purpose, they should have filed I-485 applications within July 2007. Otherwise, they may have a standing to sue the State Department.

    * For the foregoing reasons, we urge the July 485 filers to file the applications as soon as possible. At the same time, we urge the State Department and the USCIS not to take any actions to avoid the lawsuits. They should keep accepting I-485 applications even after the enhaution of the FY 2007 numbers, even though they will not be able to adjudicate these applications until the visa numbers become current again. Again, the agencies should distinguish the requirement for adjudication of 485 applications and the requirement for acceptance of new applications. These are two separate things.





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  • vin13
    11-11 09:23 AM
    The conference call was not organized by core. It was just 2 of us who discussed on the donor forum and came up with a draft letter to get clarrification from DOS. I suggest the first step is to get clarrification of the quarterly spillover with DOS regarding their process. Can any of you get an appointment with Charles Oppenheim (Chief of Immigrant Visa Control and Reporting Division at DOS)?

    After working several hours and we come up with the draft which was posted earlier on this thread. And for that, someone gives me a Red.....

    vin13,

    I was not aware of any conference call being organized by IV, otherwise I would have certainly been there, for I really believe quarterly spillover can ease a lot of our pain and can be a good starting point to re-galvanize the community.

    I think IV leadership should show the way here so that there is a chance we might see quarterly spillover in the January Bulletin. First it was the USCIS and now its the DOS that we need to wake from its slumber.



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  • Jaime
    09-11 05:06 PM
    Think of the rally as your ride of passage as an American! You've done everything else (worked hard, paid taxes, created patents, been a good citizen) now it's time to show that you CARE and want your freedom!!!





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  • nomi
    12-12 04:02 PM
    instead of sending emails and faxes which will likely get thrown out with yesterday's trash, how about a large group of us get together and schedule a meeting directly with DOL and USCIS officials?
    In person gets more attention. maybe we can even generate some press for this if it is a large enogh group


    I like you idea and I am with you. Would you please take a lead of this task or let me know what to do next ??

    thx.



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  • Openarms
    08-11 02:15 PM
    Count me in for contribution up to $500 towards lobbying.

    I am not against any category ..... just wanna be reasonable.
    Couple of years back some organizations pushed / lobbied an idea that software engineers (typically fall into EB2) are more valuable then Programmer Analysts (typically fall into EB3).
    In those hay days who knows that they would come up with this unjustifiable idea...That may be true these days.





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  • Legal_In_A_Limbo
    03-10 11:10 AM
    Guys.....if you want to change representation to self in your 485 case, you do not need to file a form G-28......G-28 is for lawyers seeking permission to represent you. You do not need a permission for yourself............all you have to do is send USCIS a letter saying all future correspondence should be done with you and you are representing yourself on this case hereon....follow up after a month after sending the letter to ensure they have changed you as the point of contact on the case........If you are substituting your current lawyer by another one, then you need a new G-28

    coolmanship, can you please share the format of the letter which we need to send to USCIS asking them of taking the attorney of the case?

    I will really appreciate that.



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  • redgreen
    08-10 08:47 PM
    so what you are basically asking is give gc to everybody who wants. country quota is meaningless (we know that!). qualifications are worthless. nobel prize or manual laborer (all are humans!). illegals also should be given gc without any reservations!

    so when we start a campaign try to be reasonable. don't just 'focus' on our 'wishes'. think creatively how to solve the problem we are all facing, by understanding the basics of the whole process.

    Good point. But there should be no holy cows where justice is concerned





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  • spicy_guy
    08-11 11:44 AM
    I may be wrong on my thinking, but I do hope you take a suggestion - when reading the INS law, understand it independently first. Then go back to see, if it can be applied on your interpretation. Do not start out with it, everything looks red when wearing red tinted glasses.......

    After the advocacy days in DC, I am sold on what IV is offering and its commitment to the EB community. I am EB3 too and I am pretty much in the same boat as many of you here.

    You put it out well from your side.
    BTW, are you really 2007 EB3 I? Do you have a guesstimate on when you would get GC?:rolleyes:



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  • dkjariwala
    04-09 12:18 AM
    The person was returning from the India trip. Anyway, I think I will shut up for now and get in touch with the person so that IV can help him and we can get some clarification on what IO can or can not do.





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  • nitlsu
    06-12 08:45 AM
    Done for me and spouse. We also had ~20 other people in my neighborhood including citizens/GC send this.



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  • GCMan007
    05-08 10:44 PM
    Hi

    After long haul of almost 5 years , today I got the approval email for my 485 filed in June - 2007.I guess my wife's case should be approved soon.Last when spoke to TCS IO , I was told that biometrics is needed in my case but still they can approve & later send me the notice. I guess only after that I might get the physical card.

    Had anyone experienced this scenario ?
    Anyways I want to thank everyone on this forum,immigration portals, folks & every other support that I have got in this long process.

    I will always be there for everyone on this forum or in any other way I can help to every legal immigrant who is waiting for the Green Card.

    Thanks a lot

    Priority date - 05/2003
    140 approved - 10/2006 from TSC
    485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
    CA, EB2
    Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
    Wife's case RD- 7/10/2007
    I131,I765 approved for both -Nov 2007
    I485 approval mail - 04/24/08 - Myself
    Waiting for spouse approval, physical Cards
    Congrats Dude!
    My PD is EB2- Dec 2003, but my RD is Aug 2nd, 07. TSC currently procsses June end 485 applications. Do they pick application for process purely on RD? Considering large # of applications filed during July 07' ,do I have to wait for long time to see my magic email..?





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  • kpchal2
    07-18 09:52 AM
    hi all, in the same boat too. mine was filed on july 2nd and there is a fedex confirmation about it. i did not hear from any one i know about these rejections or returns until i saw gregs blog. can any one shed a light if they know some one who got a reject. also can you please let me know if there is any way we can find out from uscis or from any one relevant about our application. it is too much of a hassle already and dont want to add more delays to this already cumbersome and sleepless process





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  • wanna_immigrate
    06-13 12:59 PM
    Looks like CIR will be back

    http://www.chron.com/disp/story.mpl/ap/tx/4886286.html





    gimme_GC2006
    04-07 06:45 PM
    first of all cut this BS. citizens and GC holders have different queues at POE and all visa people have different queues.how the hell ur friends heard the officers questions.do they have snake ears or what.use ur common sense.
    i came recently on march 20th and how come i did not see when there were 50 desis in the visa's queues.stop these rumours.
    i went to sbi when i was in india. that sbi manager came to know this and he was telling about that.i thought it might be a rumour but it still gave me couple of sleepless nights.see how fast this BS is spreading.

    Well..you cut your BS first..just because Its not first hand doesnt mean it is unreal..just because I posted on IV doesnt mean I expected IV to take up this case..just b'coz sucker like you saw two different lanes in the airport doesnt mean all airports are like that..I posted my experience in the airport I travelled thru..I dont have to prove to morons like you.

    You dont need to be best and brightest to tell me that Airports have different lanes..Oh..yeah...how will I know..I sneaked through Texas border...I never said all ppl stand in the same lane..I said, queues are different but unless you are deaf to your a** you can hear most of the conversation..atleast I did..I dont care if you didnt in your case?

    You believe or dont believe I give a rats a**..this is a free forum..I posted what a PERSON told me directly..I never read in the rules that I have to post along with a video recording of my conversation.

    huh... _ _ ^ _ _ :cool:





    ss777
    05-15 02:27 PM
    I totally agree with first para..but your client CIO getting promotion out of a Phoenix university degree surprises me..many people discouraged me from going there as they dont require GMAT to start with.
    That surprised me also. He may be an exception but the fact that he was tapped for a management post that needs a management degree makes it imperative that his MBA played a good role. I am not saying Pheonix MBA is great. My point is Online MBA is valued in the industry.



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