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  • deepimpact
    09-11 01:39 PM
    And one thing that has not got enough press here is , how the EB3-ROW has got significant overflow in the last two months though EB2- I/C are no where near current. Per common understanding , they should not get a single overflow till EB2 is current .

    Street Justice ??

    EB3-ROW Pending per Aug 2009 I-485 Inventory ~ 63K
    The EB3-ROW Demand for October 2010 ~ 45K.
    So actually backlog reduction for EB3 ROW has just been 18 K (much less than the 30K they should get). I don't see where you are seeing the overflow.
    The total Pending in Aug 2009 was
    EB2 ALL- 75K. EB3 all -151K . So total ~ 225K
    The demand data today is EB2 = 34K(this is only I/C, no ROW demand)
    Demand for EB3 = 136K.
    So even though reduction in backlog is significant (225K- 170K =55K). It is not going to all categories evenly.

    And unless USCIS comes up with a smarter way to determine demand data other than counting pending I-485, once this demand goes to zero they will have to advance EB2 I/C dates. Now they can be smart and advance it by 6 months to not open up floodgates and test the post 2007 demand, or just follow the rule blindly that supply > demand and the category is current. Either way, the law prevents any spillover from a category unless it is current and EB2 I/C is not getting current in 2-3 years.

    I also want to believe like you that the hidden demand post 2007 for EB2I/C + EB3 ROW is as low as possible. And we won't know about the exact number till USCIS does a better job of reporting approved I-140 by country.





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  • jcgc
    02-21 03:18 PM
    Dont rely on tracitt. no one knows how many report there. It is not scientific or true. For right numbers, anlyse the DOS report for each year, if you hva more time.

    http://travel.state.gov/visa/frvi/statistics/statistics_1476.html

    Well that is the only available source. The DOS reports will tell you how many numbers have been used up historically. But they don;t tell you what USCIS has on its plate still pending right now by PD. And as far as i know, is the best option.





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  • Sachin_Stock
    09-09 02:05 PM
    The only hope, on a personal front, is to port to Eb2 or Eb1. It all depends on your company though. However, those who don't have any issues with their employer, and is contributing a lot, then go for porting. Thats the only hope.





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  • nomi
    12-13 11:03 AM
    I know , More than 50% of IV members who can not file I 485 due to retrogression will be happy to pay this nominal amount of $10 to fax letter to USCIS for rule change
    but What is the stand of Core group on this?
    No update from any one!!

    Please Core Team ,

    Help us in this option and show us right way. We will generate $60,000 for IV and if nothing happen but we will make Headline in Media which will help us in future efforts in US Senate.

    Please throw some light in this regard.

    thx.

    nomi



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  • rck4evr
    09-10 02:25 PM
    They just started talking about immigration. I can read the name clearly but I think its Zoe Lofgren. She is talking about a lady who was deported because of immigration issues.





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  • 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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  • GCBy3000
    03-16 02:47 PM
    Dude it is legal and why are you annoyed with people who play by rules. Though I did not use this eventhough I could, it does not mean I should hate who uses this law. I bet, if you had even a very thin chance of doing this one without jeopradizing your existing job and status, you would have gone for it.

    You could do whatever is good for you within the limits of law. No matter what you do, always there will be some people who will not be happy for some reason.


    The biggest problem is interfiling from EB3 to EB2. USCIS must not allow anyone to change categories and retain old priority dates. This is nothing short of cheating ! What about the people who have been standing in line. You can't just change the rules when they suit you and get into the middle of the line. Pathetic !





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  • purplehazea
    06-13 11:30 AM
    Unless IV is extremely sure that we can get an amendment with 60-70 percent of our provisions in there, we should not support revival of CIR. CIR has brought more anxiety and forecasted pain than relief. It is better to have no relief than to be rendered powerless by the anti-immigrant bodies which seem to be much more powerful and influential on capitol hill when compared to pro-immigrationists. This is just a bad time, we have to build enough strength before another attempt for reform.



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  • Rajeev
    02-01 03:04 PM
    Hi Varsha

    I will attend the conference call but unfortunately I would not be able to come to the temple Saturday. The earliest I can reach temple is 3:00 p.m.





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  • pappu
    04-05 11:52 AM
    One more day to go before the end of this campaign.

    Here is another incentive to make these call:

    I will donate $ 5 to IV, for each member that makes these call from now on till end of the day tomorrow. I know, your hourly billing rates are way higher :) but this is what I can do for now.

    I already called all the people on the list, it was easy. Office staff members were patient and friendly. Show me what you got!

    http://immigrationvoice.org/forum/showthread.php?p=56064#post56064



    Please join this campaign



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  • anurakt
    12-27 10:56 AM
    France
    US Passport Holders: Not required
    Indian Passport Holders: Required*

    *Exemptions
    If your transit time is less then 6 hours and you hold a valid US VISA or Green card, you do not require a transit VISA.

    * No airport transit VISA is required, if your tranit time is less than 6 hours and you are holder of USA Permanent Resident Card (Green Card) or a valid permanent resident permit in any of the countries of the European Union or a residence permit in Iceland, Liechtenstein, Norway, Switzerland, Monaco, Andorra, the Holy See, San-Marino, Canada or Japan. (if your layover is more than 6 hours, you need a transit VISA even if you have the permanent residence permit for any of the countries mentioned above).

    * No Airport Transit Visa is required if your transit time is less than 6 hours and you hold a valid USA visa in the passport and confirmed airline tickets (no open tickets) for these nationalities only (if your layover is more than 6 hours you need a transit VISA even if you have valid US VISA).

    For more information on VISA / transit VISA requirements, please visit the official website of French consulate/embassy.
    http://www.consulfrance-newyork.org/us/visas/airporttransit.htm


    Germany

    US Passport Holders: Not required
    Indian Passport Holders: Required*

    *Exemptions

    If you hold
    a residence title of a member state of the European Union or a member state of the European Economic Area (EEA, i.e. Iceland, Liechtenstein and Norway) or
    a residence permit of Andorra, Japan, Canada, Monaco, San Marino, Switzerland or the USA you do not need a transit visa.
    Airport transit travelers who are holding a valid visa for the USA (an approval notice is not sufficient), Canada or Switzerland, are not obliged to obtain an airport transit visa prior to departure. Until further notice for these travelers a "visa on arrival" will be issued by the competent authorities at the respective airport in Germany and no specific action is required from them to obtain an airport transit visa.


    If you are still in doubt whether you need an airport transit visa, do not hesitate to call the German mission which serves your place of residence in the US.

    For more information on VISA / transit VISA requirements, please visit the official website of German consulate/embassy.
    http://www.germany-info.org/relaunch/info/consular_services/visa/countrylist.html#except1

    Address / Contact numbers in USA
    There are many offices spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL.

    http://www.germany-info.org/relaunch/info/consular_services/visa.html


    Italy

    US Passport Holders: Not required
    Indian Passport Holders: Not Required

    For more information on VISA / transit VISA requirements, please visit the official website of Italian consulate/embassy. http://www.italconschicago.org

    Address / Contact numbers in USA

    CHICAGO - Consolato Generale d'Italia Tel.: 312 467 1550
    500 North Michigan Ave - Suite 1850 Fax : 312 467 1335
    CHICAGO IL 60611
    e-mail: chicago.visa@itwash.org

    DENVER - Vice Consolato Onorario Tel.: 303 224 9927
    7325 So. Jackson St. Fax : 303 224 9930
    Centennial, CO 80122
    Vice Console Onorario - Maria Elisabetta ALLEN
    e-mail: italyconsulcolo@email.msn.com

    KANSAS CITY - Vice Consolato Onorario Tel.: 913 281 2222
    New Brotherhood Building Fax : 913 321 6525
    753 State Avenue, Suite 102
    KANSAS CITY KS 66101
    Vice Console Onorario- Roberto L. SERRA
    e-mail: RSerra@wycokck.org

    ST. PAUL - Consolato Onorario Tel./Fax: 651- 641- 0207
    1844 Portland Avenue
    ST PAUL MN 55104
    Console Onorario - Jane Calabria McPeak
    e-mail: jcm4@comcast.net

    ST. LOUIS - Vice Consolato Onorario Tel.: 314 259 2413
    Bryan Cave LLP Voice Mail: 314 259 2008
    One Metropolitan Square , Suite 3600
    211 North Broadway
    ST. LOUIS MO 63102
    Vice Console Onorario - Joseph COLAGIOVANNI
    e-mail: jcolagiovanni@bryancavellp.com

    Consular Correspondents:

    MILWAUKEE - Dominic H. FRINZI
    2825 North Colonial Drive
    MILWAUKEE WI 53208
    Tel. (414) 475-5120

    IOWA - Nicholas CRITELLI
    317 Sixth Avenue, suite 500
    DES MOINES IA
    Tel. (515) 243-3122
    Fax (515) 243-3121

    ILLINOIS - John BUCARI
    500 E. Monroe St.
    Springfield, IL 62701-1509
    Tel. (217) 782-3000
    Fax (217) 558-4297
    email: JBucari@bre.state.il.us

    * It is the responsibility of all travelers to obtain any required visas and travel permissions. I recommend all travelers check with the airline they are flying regarding applicable Transit and Visa Rules for the country they are transiting through. Immigrationvoice or myslef will NOT be responsible for any traveler being denied boarding on account of incorrect documentation.





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  • rodnyb
    04-11 01:05 AM
    I agree wholeheartedly. CIS has the burden for cases. DOS should do sth. too, not just a number game. They should have exact visa approval number published every months. Due to this past pdf error, I have concerns on all their numbers published.. did they give enough numbers to CIS.. are all those reports which show they approved 140K EB real?

    If we know, they issued only 50K in 11 months, and we should have concern they can let CIS approve 90K in one month due to spill over... make sense? Or they can make it up some way?

    Man, we paid for all these, and they even didn't blink...

    Here, DOS has a bigger role than CIS...

    Here is what I think; possible answers/comments. I am not an expert but am thinking following:

    1. Any category being "current" is based on "DOS's guesstimate" based on demand numbers they receive and so it is never "perfect". So yes, you are true that technically EB1 should be retrogressed "slightly", but considering the small number of spillover (now called fall down numbers) it used, it may not have been able to be predicted prior to the end of fiscal year.

    2. That is the biggest hope and assumption that there will be more fall down from EB5 and EB1 due to "economy". Caveat is, more and more people are trying to switch to "current" categories and so actual usage may not be commensurate with "economy". We have never been given any "usage data". So everything is a pure guess on this front. Looking at data, I honestly do not see any difference in number of EB1 cases from 2008-2009-2010.

    3. Yes, it is due to "spillover" from Family based category. (This is where DOS is using the word "spillover" and any visa number that go from one EB to another EB category, they all it "fall across" and "fall down"). These numbers used to be higher before and now lower as they are more efficient in using as many numbers as possible for a particular category.

    4. Pending 485 data is extremely deceptive for "current" categories. Look at the approval timeframe of EB2 ROW or EB1 cases; majority of them are approved before ever counted as "pending". Remember. "pending cases" DO NOT reflect "usage".

    The main thing missing in all these is the "USAGE", this should be a very easy information that can be made available by DOS, but they have not. If I had one "wish" to get one piece of info; would be this: "number of visa used in each category every month and YTD". Without that info, no prediction of spillover/fall down-across is ever possible.



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  • sdudeja
    10-25 12:58 PM
    My PD is May 21, 2007





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  • msp1976
    07-13 10:12 AM
    All,

    Discrediting attorney Murthy does not serve our purpose.
    If she is doing something good, that is generating more pressure on USCIS, then let's stop criticizing her.
    Though she is taking the step a few days late, it is a step in right direction and lets support and thank her...

    Everyone has their motives...What matters is the end product...



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  • k_ek
    11-22 12:36 PM
    Hi guys
    my question is same as in the previous post of Arun.
    I wanted to know if the I 140 was approoved from previous employer and if u change the job and restart the gc again can u stiil use the old I 140 prority dates(even if the previous employer revoked the old I140).
    thanx
    kek





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  • BharatPremi
    09-26 10:08 AM
    It is not about politics, it is about ignorance of the people (including reporters). It is explainable, though - what do you know about... I don't know, laws around transporting hazardous materials, something you have never been exposed or subject to? Next to nothing. That's what an average American knows about immigration - their closest brush with that law was when their co-worker adopted a child from abroad. Of course, they do not know the difference between worker visas, and employment based immigrant visas (don't they even sound alike?).

    Hermione,

    How confident are you to call them "Ignorant".... It could be very planned and calculative agenda. Writer writes in CNN. Never ever be ignorant about their tactful agenda, capacity and wilful application of the polity.

    I belive, IV MUST talk to CNN and force them to accept the "error" in that article publicly by publishing at earliest.



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  • needhelp!
    09-26 11:31 AM
    Re: http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606

    The article referenced above written by you has a glaring error. It states that "Last week 1,000 protestors-mostly legal immigrants-drew attention to the situation of highly skilled foreigners who want to work for companies in the U.S. by marching on Capitol Hill.
    The demonstrators said that potential employees-who are needed in growing fields such as engineering and software development-are being shut out because of a lack of H-1B visas. "

    I was under the impression that esteemed reporters like yourself research the facts in detail before providing such statements. That does not seem to have been the case here.

    I was one of the participants in the rally held on September 18th by Immigration Voice (www.immigrationvoice.org). I flew from Dallas, TX to press for reform to the green card process which is taking anywhere between 6-12 years to process permanent residency applications. This is VERY different than H1-B which is a temporary visa.

    As a participant of this rally, I am utterly disappointed to read that you and the CNN organization have completely misrepresented the purpose of my protest, thereby undermining the whole effort.

    Kindly contact info@immigrationvoice.org and Immigration Voice should be able to provide you with the detailed facts about the purpose of the protest. I urge you to fix the article as soon as possible and issue a correction.





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  • TeddyKoochu
    09-10 02:01 PM
    They can make a category current when Demand < Supply. So once all I-485s prior to 2007 are approved the monthly demand data they publish will show demand Prior to CY2011 = 200. So unless they use approved I-140 to determine demand , DOS will make the dates current(even if for 1 month). As long as USCIS uses pending I-485 data to determine demand, the July 2007 fiasco will keep on repeating every 3-4 years. The key here is to have USCIS provide the actual demand (people with approved I-140s). It was mentioned somewhere that the current USCIS database is not capable of sorting the I-140s by country of chargebility and hence the I-140 data can't be used to determine per country demand.

    Agreed that the I140 data may not be exact due to system limitations but approximation can still work, they take up more people, EB2 ROW was current the whole of last year, FB2 is at Apr 2010. Even I140 statistics are shown on the volumes chart so I believe that the approximate numbers per country can be very easily derived or they can test the waters in small steps if they like. Since there is no guideline on this the agencies are legal in using judicious discretion.





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  • dvb123
    02-19 12:12 AM
    This radical idea will end retrogression radically. This concept is little tough for people who have no knowledge of country quota to understand.

    1. There is a bill in the house now

    HR 264 Introduced to Congress
    Section A - It will grant GC to people with > 5 years in US
    Section B - For EB skilled immigration for people with <5 years in US, it makes LC process more difficult.

    2. We must encourage this bill with some amendments. Section A which automatically gives green card to people > 5 years in US should be ELIMINATED. Section B should remain.

    3. This causes a reduction in I-485's and CP's because you need to be resident in United States for a minimum of 5 years to apply for Labor. Then ROW people would be able to apply for I-140 and I-485 automatically.

    4. In the last quarter of every year the leftover visas(EB1 and EB2 ROW people will not be able to apply for labor->I-140+I-485 until they stayed in US for 5 years) will be spilled to EB 2 and EB 3 India and China. EB3 ROW, India and China visa retrogression issue will be solved because we will have spillovers for atleast 5 years. This bill is not against ROW people. EB3 ROW people will benefit immensely.

    5. The restrictionists will be happy because nobody can start the green card process without staying in US for atleast 5 years (F1 + h1, j1 + h1, f1 only, j1 only, h1 only statuses)

    So, we should support HR 264 bill with a few amendments if possible.





    nlssubbu
    08-06 05:46 PM
    I have an AP and my Priority date is current. What will happend to my AP when my 485 is approved and I am out of country?

    I was in India when my 485 was approved. I entered using AP and at POE the officer looked at me with a smile saying my 485 was approved. I told them that I know through the e-mail notification as well as from my attorney. Faced no problem. Please keep your AP handly during your return.

    Wishing you to get your GC soon :)





    Munna Bhai
    12-26 02:01 PM
    Thanks for the reply, if old employer revokes I-140 while the other employer is still working on LC+I-140, Will this creates any problem for me?

    -Thanks,