Friday, June 24, 2011

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  • jchan
    06-11 10:18 AM
    "Therefore, without legislative relief, the waiting time for Indian EB2 applicants may be measured in years, even decades."


    In a weird way, I feel this is good news. An old saying in China says 'Things will turn to their opposite at their extremes'. The moment before dawn is the darkest hour of the day.




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  • she81
    08-13 04:54 PM
    But why should we lose the PD that we've been hanging on to for so long. For all we know, they might retrogress EB2 next - with USCIS, there's no room to take chances. I'm on my 10th yr here and don't want anything to go wrong at this point.




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  • caliducas
    07-19 12:53 AM
    dont worry, the above scenario would happen only if pd remaines current.This is highly unlikely. In the next few months PD would retrogress to for instance 2004 , then you'll get your GC first :) Cheer up buddy:)

    I'm looking forward to getting my GC!!! Once I get my ead and ap, I can wait for my GC patiently :)




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  • Gurpreet
    07-20 02:24 PM
    There are so many unknowns.. that I don't think we can really estimate the EAD process timeline.
    For instance, lets consider we all get our initial EADs (in whatever time estimation one can make with the little information one have), I believe, it will be really interesting to see how much time USCIS takes to renew EAD's. Currently it has to be renewed yearly.

    They would definitely have to either increase work force or increase grant EAD renewal's of 3 years in order to cope up with the number of applications.

    I hope they would have decided all of this before accepting all AOS applications otherwise they would have to do alot of leg work.

    We will see in future what they have in store for us.



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  • chisinau
    07-23 02:46 AM
    My attorney told me that there is a chanse that they will be able to approve my DS230 this time, before the retro will hit us again in August. Hope his data is correct. Usually they need 5 - 8 weeks for DS230. And as far as I understand the process, they work with DS230 only if your PD is current, so until the 17-th of August we might hear some good news about DS230. But this is the only positive outcome of the July VB for us.
    If the October VB shows "current" for our PD we would have our appointment in consulate. Othervise, no GC in near future.
    From my point of view, the chanses to have our interview in october or november are slim. There is a lot of applicants in EB3 before us + I485 recent August approvals. Where they will find visas for AOS applicants? They have already waisted all visa numbers for 2007, but still alowing to file I485... About I485 I am not sure, correct me if I am wrong. Anyway, I believe that there will be severe retrogression begining from the next Fiscal Year.
    The only hope we have - is "bridge legislation" for schedule A. Without it even persons on advanced stages of CP will have to wait months or even years for the interview:::((((

    P.S.
    Just curious.:::))) Where are you from, peyton sawyer? Where in the US are you going to live? I am going to High Point, NC.




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  • newbee7
    07-05 11:48 PM
    Guys...digg this one religously..
    For the first time one article connects our needs to what Americans are interested in; Homeland security.



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  • bestofall
    07-15 03:25 PM
    Here is my pledge.
    If $2000 is reached today, i will send another $50 today.
    (Fyi, i've already sent$50 yesterday)

    Satya

    Satyasai ,

    You are the STAR ,
    Iam sure every one will get motivated by you :)

    Thanks
    Bestofall




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  • akhilmahajan
    12-15 09:26 PM
    Moved to MI and applied for license using EAD and expired I-94. Got it for 4 years. I guess I just got lucky.

    Thanks.



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  • piliriver
    03-21 03:23 PM
    @AllVNeedGCPC : Did you get any updates on I-485

    @gene77 : When was your I-140 approved and what is your priority date.

    Thanks!




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  • luckydog
    07-20 08:13 PM
    If you are stuck at Atlanta PERM backlog center , please email your case number and explain them that your application has been pending for a LONG time and request them to help us get out of this grave situation. Also, please post on this thread after you have sent an email so that others can be motivated to do the same. We need to send as many emails as possible to get any positive feedback. I know that DOL mentioned that they will start processing our applications soon, but we need to keep up the pressure from our end so that it has some positive effect.

    I know most of the people on this forum are not in this situation ..... but let's see how many can come out of this selfishness and help others by emailing / phoning DOL Atlanta to help other brothers who want to file AOS just like them...... When phone campaigns / email campaigns happen .... we who are stuck at Atlanta help others tooo... so let's see how many on this form help us now...

    Here is the info :
    email : Perm.DFLC@dol.gov
    Phone : 404-893-0101

    Thanks
    Champak (Same as 1 and 2)


    I got the following information from DOL ETA website... remember the perm.dflc@dol.gov :( is not working for any inquiry. send them to PLC.Atlanta@dol.gov :)

    The following is from DOL website FAQs:

    1. Where I can email my questions?
    o There are three locations where you may send your questions, depending upon the type of question asked.

    If you have a technical question (for example, if you forgot your password), then please email those questions to plc.help@dol.gov.

    If you have a program specific question (for example, if you have a question concerning the content of an advertisement) or a policy question, then please email your questions to one of the appropriate National Processing Centers at PLC.Chicago@dol.gov (for the Chicago National Processing Center) or PLC.Atlanta@dol.gov (for the Atlanta National Processing Center). The appropriate National Processing Center depends upon the state in which you are located.

    Please note: Questions should no longer be e-mailed to perm.dflc@dol.gov.



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  • akhilmahajan
    10-21 02:52 PM
    I have already sent the emails and will be sending the letters Tomorrow.

    GO I/WE GO.




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  • bigboy007
    06-03 01:40 AM
    I have opened sep thread for the same , i am sorry if this is not acceptable policy of forum and i am reposting as this topic originated here:

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

    I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :

    Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.

    Here it goes :

    There are two important sections of Student visas.

    this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
    ================================================== ====

    (c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
    14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
    15 is amended—
    16
    17 (1) by striking the parenthetical phrase “(other than a
    18 nonimmigrant described in subparagraph (L) or (V) of section
    19 101(a)(15), and other than a nonimmigrant described in any
    20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
    21 such section) " in the first sentence; and
    22
    23 (2) by striking “under section 101(a)(15)" and inserting in its
    24 place “under the immigration laws.".
    25
    26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
    27 Subsection (h) of section 214 of the Immigration and Nationality Act
    28 (8 U.S.C. 1184(h)) is amended—
    29
    30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
    31
    32 (2) by striking “if the alien had obtained a change of status" and
    33 inserting in its place “if the alien had been admitted as, provided
    34 status as, or obtained a change of status";


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

    what does (c) in Student visas do :

    214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.

    As stated in US code of Law this is what it is :

    ================================================== ======
    "Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."

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

    By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.

    Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.

    This is how : when (d) of the above Student visa section is applied this is how it turns :

    This is from US code of rules pertaining to 8 U.S.C. 1184(h)

    (h) Intention to abandon foreign residence
    The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.

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

    Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.

    based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.

    Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we.

    Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.


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

    But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.



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  • farhad
    08-19 09:04 AM
    I am out of state visa screened nurse after having a hard time passing the cgfns and other reqirment my sponser has filed me I-140 on 31th april 2007, I dont know why but they didnt give me the center name in which they file the petition, or recipt no., my questions are:
    how long will it take to recieve the GC?
    do you think the condition will improve for RNs in the future?
    how can I find my case number without asking my sponser?




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  • coolpal
    02-04 12:25 PM
    My wife has H1B processed in maiden name -(i 797, i-94, stamping). she recently changed her maiden name to married name. she changed her name in SSN and Passport. DMV in NJ are asking to change the name in immigration office. We spoke to the immigration authority and they say there are no relevant forms to make the name change. If anybody have solution let me know.

    Explain to the DMV about this... and try not to go on a weekend. They are extremely busy on weekends are easily irritated. Find them when they are relatively calm and free...

    pal :)



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  • vjkypally
    07-20 01:48 PM
    And same with Chinese, Mexicans and Filipinos




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  • Canadian_Dream
    06-02 08:18 PM
    You are correct, it only uses I-140 application as a basis of setting the cut-off (Not I-485).

    In my opinion:
    Date of Introduction: May 15 2007
    Effective Date: Oct 01 2008

    Scenarios:
    Scenario 1: I-140 Filed after Introduction and Approved before effective date. These cases are eligible for Immigrant Visa, whenever available.
    Scenario 2: I-140 Filed after Introduction and not approved on the effective date. These cases have to refile.
    Scenario 3: I-140 Filed before Introduction and not approved on the effective date. These cases are eligible for Immigrant Visa, whenever available.
    Scenario 4: I-140 not filed becasue of backlogged labor. They retain the priority date but have to restart in the new system, whatever that means.

    Only bad scenario is 2 and 4. The other bad aspect is reduced supply of immigrant visa 90,000.


    Hey Canadian Dream:

    I know things might change , i wish this law doesnt pass through at all. But in its form this is interpretation of major members and attorneys in current stage. Please correct me if i am wrong.

    I might agree with your conclusion of start date, but Now coming to to cases :

    Petetion for an employment based visa = I 140 , that were filed prior to the date of intro ( for our sake its Oct 2008 or May 15 2007 ) that were pending or approved , shall be treated as if such provision remained effective.

    An approved petition may server as basis for issuance of an immigrant visa.

    and for all people who are still in Labor stage will preserve their priority date.

    Now based on this , if you have filed an I140 before the date of enactment what ever it might one should be fine. Once dates becomes current and I140 approved one can file for 485 in previous system.

    I dont see any conclusion based on 485 is approved or not its just adjustment of status once PD become current , i think its all 140 that determines you are approved as an immigrant or not.
    ===========================

    40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
    41 for an employment-based visa filed for classification under
    42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
    43 Act (as such provisions existed prior to the enactment of this
    44 section) that were filed prior to the date of the introduction of
    265
    1 the [Insert title of Act] and were pending or approved at the
    2 time of the effective date of this section, shall be treated as if
    3 such provision remained effective and an approved petition may
    4 serve as the basis for issuance of an immigrant visa. Aliens with
    5 applications for a labor certification pursuant to section
    6 212(a)(5)(A) of the Immigration and Nationality Act shall
    7 preserve the immigrant visa priority date accorded by the date
    8 of filing of such labor certification application.



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  • browncow
    07-05 06:27 PM
    I am very intrigued by this thread and I would love to see a change in status quo too. However, I am missing one very important piece of information....Who are the proposed candidates and what is their agenda??

    Mbawa, please don't take this as criticism but how exactly would a change in the IV core improve the current status quo? If you have any ideas, what has stopped you from using IV as a platform and taking a lead?

    Again, I would love to see things improving for the EB folks but I really missing the point on how this suggestion would get us there. I have great respect for the IV core as I know it and personally I will never be able to do even 10% of the job they have done. SO if there are folks who can do better than the present core, I would love to hear their ideas and contribute to the cause.

    If this is just one of the several threads that are started with no real effort or thought put in to come up with an actual and feasible solution, then this is doing more harm than good. Again I am really open to listening like a lot other silent/passive members.

    Cheers.

    This is not a transparent organisation, we do not know who the president or the exec committee of this organisation is. Every now and then, we hear about stating the facts in our profile before posting questions.
    But we know very little about the exec committee, the 'About us' has the agenda that IV is fightin for, nothing at all about the people behind it.
    Who do i thank for such a nice organisation? I have no idea.

    coming to the nomination for the exec commitee, there are lots of self motivated people around here, motivation can come from people languishing with unjust RFEs, name check limbos, 10 year old petitions, members who know they can add to the organisation, and the core, they would know people who they think are capable of carrying the torch on with equal or more zest.
    Most of the time, leaders of of non-profits have to be pushed to assume their roles, rather then they coming forward to lead.




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  • pmat
    03-13 01:03 PM
    How long does it take to receive the cert in mail?

    nixstor,

    mine took 20 days.




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  • eb3_nepa
    12-18 02:35 PM
    We have to differentiate ourselves from the illegals. Let the illegals do Rallies, Huger strikes etc.

    I agree. All this Gandhigiri is not going to do anything. Guys lets just stick with lobbying and reduce what we ask for like I mentioned on another thread. As long as everyone gets SOME benefit we should be good.

    Too much of these fasts and rallies is going to do just one thing, it will send a powerful message of the WRONG kind to the American people that "First they come on temporary work visas, then they forcefully demand Permanent residency". It will affect us even more when we go back for visa interviews and also new people coming here will have problems. Also, unfortunate but true, IV is still viewed as an organization For the Indians, By the Indians, even though this is Not true at all. If you add the whole Gandhigiri aspect to it, it will only add more fuel to the hate fire that most anti-immigrants now have against some of us Indians.

    By all means let us send a card every week to the Senators and Congressmen asking for help. A nice personalized card to each one of them EVERY week. Other than that let us PLEASE not entertain thoughts of "non-co-operation" and "Hunger Strikes". Let us remember Gandhiji was fighting to get OUR OWN country back from the FOREIGN British Rule. However we are in ANOTHER country BY OUR OWN WILL! Now we cannot start protesting and fighting that "Give us our GC or we will strike". Please get rid of these self destructive ideas.




    mbartosik
    03-26 04:34 PM
    PD Dec 2002
    45 day letter around July 2006
    replied to 45 day letter within a couple of days
    RIR EB3
    Region NY

    Currently on 7th year of H1B




    nareshg
    10-09 12:56 AM
    Was there a similar thread started by pappu ?



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