Wednesday, June 29, 2011

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  • rsharma
    09-24 07:57 PM
    Thanks Ramba for the analysis. Kudos to you to bring out the true fact regarding the spill over. I see you are belong to Eb3 ROW category but still you stood for the truth.


    Lot of analysis. Here is my part. If DOS properly followed the INA as amended by AC21 act in 2000, EB2-I never retrogressed since year 2005. EB2 I might have been always �current�. EB3 including ROW might have been much worst situation than now. EB3-IN will always be in disaster state. Though it is unfair to (EB3) many, this is what the law. In later part of 1990s EB categories were retrogressed for IN, CH by about 2 years. When AC21 law passed in 2000, it did two very important things. One recapture of about 216,000 EB visas and it removed country quota in each EB category if excess visas available, in that category. That means it enforced horizontal spill over. In simple example, consider Mexico which is most subscribing country. Lets assume in a fiscal year, 40,000 Mexican are eligible for EB2 visa(and no other citizens in EB2), and millions of Mexican eligible for EB3 and in family based categories, still DOS should issue 40,000 EB2 visa to Mexicans irrespective of how much demand in other categories. Because of tons of backlogs in 485 (between 2000 and 2004), particularly in EB3, DOS issued about 185000 (out of 216000) to EB3. That�s why EB3 was current between 2000 and 2004. They simply ignored the EB2 demand by India and retrogressed in 2005, though total demand for EB2 less than the available pool of recaptured visas. Since the year 2007, they realized the mistake and now (since 2007) they are following correctly (though may not fair) the law. If they follow correctly the law, EB2-IN, Ch will become current soon. Till all EB2 become current, EB3 never see any spill over. Till EB3 �ROW become current, EB3 IN will not see any spill over. Till that point EB3-In will get only 2800 EB3 visas.





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  • bank_king2003
    09-15 12:17 PM
    got approval mails for me and my wife today.

    I dont feel like working today :)





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  • DesiGuy
    09-10 08:02 AM
    all, the list of co-sponsors is now up to 28 (plus main sponsor - Rep Lofgren).

    the chances are improving but as some great person has said - It aint over until it's over...

    http://www.govtrack.us/congress/bill.xpd?bill=h110-5882

    HR 5882
    Sponsor:
    Rep. Zoe Lofgren [D-CA]hide cosponsors

    Cosponsors [as of 2008-09-09]

    Rep. Neil Abercrombie [D-HI]
    Rep. Michael Capuano [D-MA]
    Rep. John Carter [R-TX]
    Rep. Henry Cuellar [D-TX]
    Rep. Artur Davis [D-AL]
    Rep. Thomas Davis [R-VA]
    Rep. Lloyd Doggett [D-TX]
    Rep. Anna Eshoo [D-CA]
    Rep. Gabrielle Giffords [D-AZ]
    Rep. Wayne Gilchrest [R-MD]
    Rep. Raul Grijalva [D-AZ]
    Rep. Michael Honda [D-CA]
    Rep. Sheila Jackson-Lee [D-TX]
    Rep. Doris Matsui [D-CA]
    Rep. Michael McCaul [R-TX]
    Rep. James Moran [D-VA]
    Rep. Sue Myrick [R-NC]
    Rep. Jerrold Nadler [D-NY]
    Rep. Grace Napolitano [D-CA]
    Rep. Edward Pastor [D-AZ]
    Rep. Lucille Roybal-Allard [D-CA]
    Rep. Linda S�nchez [D-CA]
    Rep. Loretta Sanchez [D-CA]
    Rep. James Sensenbrenner [R-WI]
    Rep. Peter Sessions [R-TX]
    Rep. John Shadegg [R-AZ]
    Rep. Jackie Speier [D-CA]
    Rep. Melvin Watt [D-NC]





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  • EndlessWait
    01-24 01:07 PM
    http://anilgeneral.blogspot.com/2008/01/india-in-1835.html


    Someone forwarded this recently.

    this is such an outrage!..is this true or made up..



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  • fatjoe
    10-05 10:55 PM
    Congrats SoP. I knew you would get it soon as mentioned in my previous post. All of your efforts got paid off. Yes, I might need your help in writing a touchy letter to Napolitino.
    Could you post the main body of theletter that you sent to Napolitino.

    Folks,
    Today at 2:03 PM EST I received the coveted CPO mail for my wife. I was approved on Sept 3rd and was the primary and I have not yet received the CPO as there is Biometrics issue, my wife had the same issue but the vagaries of USCIS which is worse than Indian monsoon...

    I wish Caliguy, Fatjoe, Apb and many others who are at or older than my PD get their approval soon. If I can be of assistance in any way to you guys please let me know....My wife her case was separated from me and I was worried that it fell thru the cracks..but my persistence with all the channels especially congressional and POJ I guessed did it.

    Not that you guys are leaving any stone unturned but just keep trying...

    She was at initial review stage till Oct 2nd and not preadjudicated and separated from primary case and bingo on 5th she jumped to CPO...

    You really never know...

    Take care and I'll still be visiting IV and commenting and helping out..

    SoP





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  • aroranuj
    09-09 12:07 PM
    Called ALL republicans on the committee, here is my feedback. Will update once I call all democrats. We are likely to face more resistance from Republicans so lets overload them with our calls...

    Lamar S. Smith, Texas (202) 225-4236 Left Message
    Jim Sensenbrenner, Wisconsin (202) 225-5101 Already Supports
    Howard Coble, North Carolina (202) 225-3065 Left Message
    Elton Gallegly, California (202) 225-5811 Voicemail
    Bob Goodlatte, Virginia (202) 225-5431 Left Message
    Steve Chabot, Ohio (202) 225-2216 Left Message
    Dan Lungren, California (202) 225-5716 Voicemail
    Chris Cannon, Utah (202) 225-7751 Voicemail
    Ric Keller, Florida (202) 225-2176 Left Message
    Darrell Issa, California (202) 225-3906 Not Supporting-Please CALL
    Mike Pence, Indiana (202) 225-3021 Left Message
    Randy Forbes, Virginia (202) 225-6365 Voicemail
    Steve King, Iowa DO NOT CONTACT
    Tom Feeney, Florida (202) 225-2706 Not supporting, Pls CALL & email
    Cameron Smith at C.smith@mail.house.gov
    Trent Franks, Arizona (202) 225-4576 Left Message
    Louie Gohmert, Texas (202) 225-3035 Left Message
    Jim Jordan, Ohio (202) 225-2676 Voicemail



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  • Photos: Kristen Stewart



  • sathishkrish
    01-08 02:43 PM
    If you dont have PR, the rateyou pay is higher. Some deny loans as well.

    I own a Home and they asked me for drivers license - thats all. I pay interest rates as anyone does ...





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  • nkavjs
    09-20 03:15 PM
    I just email senator Evan Bayh, Congressmen Dan burton and USCIS complaint dept.
    Thanks for all your help



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  • elaiyam
    06-29 08:11 PM
    Murthy's Flash News

    http://www.murthy.com/nflash/nf_062907.html

    We have received news from the American Immigration Lawyers Association (AILA) that they have reliable information that the July Visa Bulletin will be revised on Monday, July 2nd, or Tuesday, July 3rd. This Visa Bulletin is expected to retrogress many of the categories that were announced as being "Current" for July. It is expected that at least some of the categories will become completely "unavailable." The reason for this is that the USCIS apparently engaged in extraordinary efforts to approve cases in June, once there was some forward movement of the Visa Bulletin. They did this to try to avoid the tide of cases expected in July. Each green card approval uses one visa number. If the numbers are all used for the year, then the DOS will issue a revised Visa Bulletin reflecting "unavailable" in the particular category or categories.

    more at
    http://www.murthy.com/nflash/nf_062907.html





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  • pop
    01-19 10:53 AM
    You did not turn in your H-1B I-94 at the time of leaving? You have two I-94s right now or your attorney just wants your H-1B approval for filing the extension? Will he also attach a copy of your new I-94?



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  • Big Tom
    07-01 10:49 AM
    So, even if USCIS now decides to stop processing/approving AOS based on the limited number of available visa - my understaning is that "we" are at least on top of the list and once visa become available again, the AOS will be approved - so, in worst case another three to four months wait? After five years of processing time(s) I can live with that...

    Another question that came up was once the AOS was not approved, do you have to file again or does the current dis-approval have any negative effect on the process (except for of course the wait time)?

    Tom





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  • NKR
    01-06 09:37 AM
    I would like this idea to materialize but I am just wondering how it is practical.

    Except for waiting for a visa number to be available all other delays are due to the time that it takes to process a case (and also due to the country quota). In labor stage, DOL determines if there is any citizen who fit in the labor description and who is looking for a job. In 140 stage, USCIS determines if the company is in good standing and has the ability to pay. In final stage, the candidate�s biometrics is taken and his background checked. All these are essential process in adjudicating a GC case in the employment category. I just do not how all these can be surpassed and candidates handed over a GC, let alone citizenship.

    Allocating recaptured visa numbers and following a sensible order is more practical in eliminating some of the delays�



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  • sc3
    08-22 06:21 PM
    It is not too late to write the letter, it is never too late to write the letter!!

    Since the letters are only requesting fixing of the interpretation of the law, and not the law itself, there really is no fixed deadlines involved. Of course, sooner it is done, the better our chances are for moving forward.





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  • sri1309
    09-14 06:16 PM
    Following is my draft. Any and all suggestions welcome.
    I still need a link to the testimony of USCIS director confirming wastage of green cards. I would greatly appreciate if someone compiles list of e-mail addresses of judiciary committee members. Please note I would be making calls myself. E-mail is only for colleauges as I can't ask for their time on telephone calls. Here is my dreaft: -

    Dear Member of Congress:
    Congress has an opportunity before it adjourns to help advance U.S. innovation leadership by
    enacting H.R. 5882, a modest, bipartisan bill that would simply �recapture� employment-based
    immigrant visas numbers that Congress authorized in prior fiscal years, but that went unused due
    to government processing delays. H.R. 5882 is a common sense measure that should be enacted
    without delay this year.
    H.R. 5882, which Representative Zoe Lofgren introduced with Representative Jim
    Sensenbrenner, would help reduce visa backlogs by recapturing Congressionally authorized EB green cards from prior fiscal years that went unused due to bureaucratic delays.

    What is H.R. 5882?
    By recapturing unused green cards H.R. 5882 would address the issues of justice, equality, fairness and efficiency; at least temporarily.
    H.R. 5882 addresses a very important issue of discrimination of high skilled immigrants in the US immigration system on the basis of their country of birth. As per the current law the quota of employment based green card is equally distributed to applicants on the basis of their country of birth. No single country can take more than 7% of the annual quota of 140,000 green cards. Thus the applicants born in two countries India and China, who contribute more than 50% of the high skilled immigrants, have to wait lot longer than applicants born in other country. Simply put an applicant born in XYZ country gets green card in six months and applicants born in India or China with exact same skill sets & exact same contribution to US economy has to wait for years and years indefinitely for his/her green card.
    In addition to this, due to bureaucratic delays, a lot of green cards go unused from the annual quota of 140,000 every year resulting in processing backlog stretching up to decades.

    What H.R. 5882 is not?
    H.R. 5882 is not an amnesty. It does not legalize any illegal immigrant. It does not provide any waiver to any unlawful stay or unlawful activity in the US.
    It does not increase congressionally authorized immigration limits. It does not authorize even one extra green card than what is authorized by congress.
    It does not take jobs away from US, rather helps keep the job in US.

    It is very important to note that the overflow of visa numbers in the family based immigration system is transferred to employment based system but NEVER vice versa.

    All the high skilled immigrants who are in green card limbo are in this country for many years now and contributing to economy, paying taxes. They have steady jobs and during the three stages process of green card it has been established multiple times that a US citizen or permanent resident is not available for that job. Close to million applicants are limbo due to bureaucratic delays and country based quota system. If they get green cards they are in position to buy new house, car, start new business etc. there by making significant contribution to economy.

    I request you to support the passage of the bill through US congress.

    Jungalee,
    Excellant draft. Please keep it up. I am taking a couple of points from here in my posters. Your "What 5882 is NOT" is also a very good compilation,
    Thanks,
    Sri.



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  • nk2006
    09-16 09:22 AM
    House Judiciary Committee Schedules Continued Mark-Up of H.R. 5882 and Others


    Its good that its rescheduled. We again have a chance.
    I called everyone in the list once - will do it again with my wife today/tomorrow. Please everyone do it and encourage others (your family members / friends/ etc) to call - it wont take much of our time can impact our future in a big way.





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  • singhsa3
    10-21 08:28 PM
    Can you please state the source of ur information.
    The contents of this postings are based on what I have read from various Lawyer's website and my lawyer's suggestions.

    Multiple I-485 Fillings Scenario:

    1. Two I-485 for the with the same primary applicant

    Case a: One I-140/I-485 Pending with another employer and one I-140/I-485 to be filed in July with the current employer.

    Case b: One I-140/I-485 Pending due to substituted labor (and cannot be expedited because premium processing not available). Another I-485 to be filed based on approved I-140 (on one's own labor). Both from the same employer.

    2. Two I-485 with different primary applicants (Primary on one and dependent on other)

    Case a: I-140 for one is approved while other's pending
    Case b: Both I-140 Approved
    Case c: Both filling concurrently in June

    Pros and Cons
    Scenario 1, Case a: In this case there is a substantial risk that I-485 filed with first employer might lead to issues esp if I-140 is not approved. Thus is a good idea to file another one with current employer. (Pro)

    Scenario 1, Case a: How can one Adjust the Status from two employer at the same time. (Con)

    Scenario 1, Case b: Since first I-485 application is already filed and I-140's outcome is not known. It is a good idea to file another one as a fall back option. If one waits for the outcome of first I-140 and it is denied and then it will be too late to file another I-485 because dates might have retrogressed.

    Scenario 2, Case a: One with the approved I-140 should file I-485 with other as dependent.

    Scenario 2, Case b: I-485 for both is almost ensured and thus filling two will give added cover in case something happens. One might have a better priority date than other. (Pro)

    Scenario 2, Case b: Job loss of one would still allow other with AC-21 benefits. (Pro)

    Scenario 2, Case b:Only one of the two partners has to stick to the job description and other is free to pursue anything (including studies).

    Scenario 2, Case c: Use I-140 Premium Processing on at least one application for added certainty.

    Summary of Pros and Cons
    Pros:
    1. More flexibility as there are two applications to fall back on.
    2. Only opportunity to file EAD/AP before retrogression kicks in.
    3. Useful if I-140 is pending and outcome of it is unknown.
    4. There are NO USCIS memos that prohibits such filling explicitly.
    5. Many lawyers have recommended this as a best option.
    6. It has been mentioned that USCIS cancels the second I-485 after approving the other. That makes this a hassle free option.
    7. If there are issues with multiple filling one of the application can be withdrawn.
    8. If later on it turns out two application is a norm and right thing to do and retrogression hits one has no one to blame but himself.


    Cons:
    1. Cost of two fillings (if paid by self)
    2. There have been indications by lawyers that two fillings could lead to unnecessary delays and interviews.
    3. Apart from delays there has been indications that USCIS might issue an
    RFE and ask to choose one.

    Conclusion
    ========
    There is nothing wrong with two filings, worst case scenario could be an RFE from USCIS to choose one. Best case scenario is USCIS upon approving one cancels other. Two filings indeed give you a peace of mind and reduce risk during the process. It doesn't change the outcome (like your application will not be denied just because you have filed two). If a little delay is acceptable to you as a price you pay to reduce a bigger risk and added benefits then multiple filing is right thing to do.



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  • mallikonnet
    07-09 10:00 PM
    This is just a message to 2005/2006/2007 PD guys. Please don't think that some miracle will happen and dates will be current soon, it will take its own time. Mostly for EB2 & EB3June 2006- June 2007 guys, it will be like a lottery if the PD becomes current somewhere in 2007 Oct-Nov time. Right??
    So life is not always easy. There are people waiting since 2002-03-04.
    Don't think that life is not a FIFO always.

    Why some of the guys became violent when I said, INDIA IS GREAT???
    Guys.. do you know why I always feel like this???

    As my parents,in laws and most of my relatives stay there. Not only mine, allmost all guys who are in the IV, they must have parents and relatives in India for sure. There is no other reason why I said India is great.

    Someone asked me to pack up... YES, I will if nothing happens;however, I will be waiting to see the progress for sure. This is July. Let's have a look over OCT bulletin after 2 months and for sure dates will move atleast 4-6 months for EB2 guys and 1 year for EB3 guys. So wait, be patient, instead of doing all this.
    Anyway, our turn will come sooner or later, so why to become impatient just seeing the JULY bulletin CURRENT and then "U".

    Mainly this is the message for 2005-2006-2007 PD guys. Please don't take it otherwise.
    I agree what you said but why the heck the USCIS make my life restless for 2 weeks. i spent 5000 dollors for nothing... that is what we are asking for not to go ahead of people with older priority dates





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  • FinalGC
    08-18 09:32 AM
    Congrads!
    So when children reach 14 years of age they have to do fingerprinting?

    I think it is around 13 or 14...if they are under that, USCIS only takes a thumb print





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  • anda007
    07-11 03:01 AM
    Dear Non-Indian Members,
    When Xiyun Yang talked to me yesterday, I did mention that there are more Chinese and Pakistanis and people from other countries
    She was very much interested in talking to them. ( I had mentioned this in my previous post, but would have got lost in the barrage of posts in the last few days)
    I would suggest, that non-Indians, please contact Xiyun @
    email:yangx@washpost.com
    office phone: 202 334 6701

    Also, please leave a comment on her article in the washington post and mention which country you belong and how this is also your issue, as much as everybody else

    We definitely want to make this an universal issue and not just an Indian Issue

    Anand Sharma





    eb3retro
    06-29 07:56 PM
    what if someone sent out the documents today 28th june..???

    thanks.





    hopefulgc
    07-09 06:58 PM
    People,
    whatever people may say, flower campaign is a success.
    Its tells us one thing.. if we all unite, they cannot ignore us.
    At least, we know they are listening. Keep the pressure going.

    "There is a Gandhi in each of us"