Friday, June 24, 2011

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  • gc28262
    04-11 09:03 PM
    Thanks for your reply. I appreciate your question. Let me explain you in details.
    I am not sure about Mexican illegals but I can tell about Indian.

    Normally person come here illegally alone. Very few people are coming here with spouse. it is absolutely sure that their kids are at backhome with other family members. Many illegal people have used 245(i) and all have priority date before April 2001 as before 2001 they should have to file labor. Fraudulent practice was prevailed in the small business community. They used to file labor certificate in dummy name and once it approve, they are selling to others (labor substitution was legal at that time). Most of 245(i) cases have purchased labor with big $$$. All the 245(i) were approved from 2002 to now. Their case is counting in EB3 category. Once persons case is approved, he will file I 824 (Follow to join family members) for wife and/or kids who are waiting in India. Once I 824 approve, case is transferred to respective CP at back home. It is slow process and take any where from 1 year to 4 to 5 years in some cases. This cases are consuming EB3 quota. We don't know how many cases are in pipeline. But I know few people whose GC was approved under 245(i) and their kids are waiting at Back home. This is the reason why EB3 India is struck around 2001 for many years. If still lot of 245(i) derivative cases are in pipeline, it can retrogress back to April 2001.

    I am highlighting truth so that we should not make any mistake in next CIR (same channel and resources for EB legals and 13 millions illegal). if history repeat for CIR, it may not hurt all legal EB community who are reading this post today but future generation EB legal have big blow.

    My dear friend Ron Hira is calling me racist !! I always laughing for his immaturity (In fact, I ignore his post). Insisting for following rule is racist. Opposing people who kept EB legal provisions hostages since 2005 is racist??? people in this forum are much smart who is talking what !!!

    I remember Mahatma Ganghi's quotes:

    " I can wait 100 years for freedom but don't want it through violent route"
    khodalmd,

    Thanks for the clarification. I think you are right in terms of "follow to join" 245(i) cases. EB3-I may not be out of 245(i) bump yet.

    Here is a USCIS memo regarding 245(i)

    http://www.uscis.gov/files/pressrelease/245i.pdf

    Relevant portion:

    "Many aliens with pending, grandfathered petitions or labor certification applications will marry or have children after the qualifying petition or application was filed but before adjustment of status. These "after-acquired" children and spouses are allowed to adjust under 245(i) as long as they acquire the status of a spouse or child before the principal alien ultimately adjusts status."

    On another note, wouldn't the spouses/children of 245(i) applicants be eligible for "follow to join" applications when the primary applicant's application is still pending ? Why would they wait till the approval of primary's AOS application ?





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  • Indirant
    03-07 08:45 PM
    Varsha,
    I have not heard any reply. waiting for repsonse to Ajay's request.
    Thanks
    Sekar





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  • kartikiran
    04-09 03:44 PM
    Hey Pappu,
    What do you conclude of this? Their has to be some rational reason behind them not moving EB2I, it is hard to grasp that they are still working on 2004-2005 PD's. Is their something we can do bring them in more transparency.

    I believe earlier they screwed up and now they are on apposite extreme end, scrutinizing every element.

    On the same note, Kumarc123, it is hard to see them working with 2001 EB3-India category for more than 5 years. 245(i) or not...still 5 years...how about that.

    Anyway, my point is let us leave predictions. USCIS gave their predictions way back in their Jan 2010 bulletin. Maybe we all should stick with what dates they gave us than we trying to predict.

    Now another venting, more calculations, more uproar everything will continue for 1 more week from our members...:rolleyes:





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  • Jaime
    09-10 12:44 PM
    Your children grew up in the U.S. as Americans, and are going to college, but they "age out" and thus become uninelligible to obtain a green card through you! - Your family gets into grave danger of being split up, or else choose to uproot the entire family and take them to your home country, which to them is a strange foreign land where they have no friends.



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  • spulapa
    08-10 01:53 PM
    lets do something about it....!!
    We need a lot of support from different members irrespective what category they are from.





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  • god_bless_you
    07-04 07:42 PM
    So you are saying that They assigned Visa numbers to the existing cases before processing and approval the cases are not yet approved and we can expect approvals in near future once name check etc are cleared ??



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  • TexDBoy
    09-10 02:03 PM
    Committee is still assembling .. proceedings not started yet after recess ..





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  • aristotle
    07-18 03:11 AM
    Can all the July 2nd filers update this thread if

    - you have your application rejected and returned.
    OR
    - you get a receipt number or have your check cashed.

    Please login and subscribe to this thread.



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  • desi3933
    02-11 01:57 PM
    You rock dude!

    Am I the only one to remember how visa numbers spill between FB and EB every other year? (or) Am I hallucinating?


    Thanks so much for your kind words.

    I don't blame readers who start making noise without basic verification. Most people have difficulty understanding the difference between cap and quota Or Permanent job vs W2 job.


    _________________
    Not a legal advice.





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  • sbabunle
    12-28 10:07 PM
    Anybody tried timesof India?



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  • Hassan11
    07-17 11:04 AM
    Numbers USA changed their web fax from H-1 are tax exempt to this (see below):

    Dear [This fax will go to Your U.S. Senators and U.S. Representative ]

    I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.

    Here are just a few reasons why I hope you will oppose the SKIL Act:

    (1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.

    (2) The H-1B program does not require most employers to give hiring priority to qualified U.S. citizens and permanent residents. If the employer is also sponsoring the foreign worker for a green card, there is such a requirement, but again loopholes render the rule meaningless. As prominent immigration attorney Joel Stewart has said, "Employers who favor aliens have an arsenal of legal means to reject all U.S. workers who apply."

    (3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.

    (4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.

    The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.


    Sincerely, [Your Name Will Appear Here]

    see link http://www.numbersusa.com/faxcenter?action=preview&ID=8306





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  • ajthakur
    07-14 06:25 PM
    I filed EAD renewal on May 28 2008.
    Service Center: Nebraska
    When did u file your application for EAD renewal and which service center? I am not sure why you think EAD renewal triggered this I-485 RFE?



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  • harish
    04-29 09:44 AM
    I opened the mailbox at home this evening and to my complete surprise -- the physical card! Sudden burst of efficiency at USCIs, 6 days from approval to actual delivery of card.

    Good luck to everyone else!

    Many congratulations to you!





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  • perm2gc
    01-17 01:51 PM
    Hi Go_Gc_Way

    Can you please modify the AD content.

    Immigration voice is a non-profit 501 (c) (4) (pending) organization. All of Immigration Voice�s financial transactions will be audited by a CPA, submitted to the IRS.(please remove pending,we are approved)

    Members from 6000 to 8000.



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  • ramus
    07-02 05:09 PM
    Please Contribute funds to Immigration Voice (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44).

    Guys we need to start new fund drive to help core members with fund for advocacy efforts. I know every active member is working hard right now on at least one action item. Lets contribute and help IV with fund.


    Lets start with target of $5000 by 10 p.m.

    Lets see if we meet it.. We have more 2000 members online right now.

    Thanks in advance for all you can do..

    Immigration Voice encourages all members to help AILF/AILA's potential lawsuit by joining them as plaintiffs and contribute funds to Immigration Voice (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44). We will actively help AILF or other organizations in this lawsuit to force USCIS/DOS to compensate for :

    1. Financial and other damages caused due to manipulation of Visa bulletins out of order.
    2. Violation of federal regulations and precedents.

    A victory in such a potential lawsuit could in effect may either force USCIS to accept the 485 petitions in July and accept the ones it may deny/return in July.

    The outcome of lawsuit cannot be guaranteed but USCIS and DOS are certainly facing a tough fight from us as well as from AILA and like minded organizations.

    Please contribute funds as Immigration Voice would need funds to finance an expensive lawsuit against USCIS/DOS should it decide to actively participate in a class action lawsuit.

    Update: Thank you everyone who has contributed since July 2 when we announced the drive. Our total contributions from paypal and google are around $2,500 till now (despite having 15 k members). As you can understand this is hardly of any significance for even a small legal effort. A big lawsuit is out of question. Thus IV core will use it for IV activities to further pursue its advocacy efforts. IV encourages its members being a plaintiffs with AILF if they so desire. If you are an IV member and also a plaintiff, you can let us know for any guidance we can provide. IV will be coming up with more direction to its members soon. We will have some plan for everyone and will need participation from everyone. Please stay tuned.





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  • sammas
    07-12 04:01 PM
    F. DETERMINATION OF THE NUMERICAL LIMITS ON IMMIGRANTS REQUIRED UNDER THE TERMS OF THE IMMIGRATION AND NATIONALITY ACT (INA)

    The State Department is required to make a determination of the worldwide numerical limitations, as outlined in Section 201(c) and (d) of the INA, on an annual basis. These calculations are based in part on data provided by U.S. Citizen and Immigration Services (CIS) regarding the number of immediate relative adjustments in the preceding year and the number of aliens paroled into the United States under Section 212(d)(5) in the second preceding year. Without this information, it is impossible to make an official determination of the annual limits. To avoid delays in processing while waiting for the CIS data, the Visa Office (VO) bases allocations on the minimum annual limits outlined in Section 201 of the INA. On July 7th, CIS provided the required data to VO.

    The Department of State has determined the Family and Employment preference numerical limits for FY-2010 in accordance with the terms of Section 201 of the INA. These numerical limitations for FY-2010 are as follows:

    Worldwide Family-Sponsored preference limit: 226,000
    Worldwide Employment-Based preference limit: 150,667

    Under INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2010 the per-country limit is 26,367. The dependent area annual limit is 2%, or 7,533.



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  • sirinme
    11-04 11:37 AM
    Nrc2008063524





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  • dummgelauft
    04-07 11:50 AM
    After reading this rumor mongering for a few weeks now, I have drawn a common between these cases (if we believe for a second that these stories ARE true). All these friend of a friend of a friend who were "sent back", seem to be working fro "desi" software "consultants". If that is indeed the case, then great work CIS. These shysters have no place in the EB queue anyways.

    (2) I doubt if CIS will risk having a lawsuit thrown at them by a Genuine American or mutlinational company if they "send bacK" their genuine H1B employee ( Do you think A place like Microsoft, Intel, GE or Boeing etc will take such treatment of their employee? No, they will sue CIS.

    (3) I work with H1B holders from OTHER countries too (lots of Russians and Chinese). None of them have ever "heard" any "friend of a friend" sent back.

    So, Cut the crap and do your work.





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  • kpchal2
    07-18 12:17 PM
    hi tapukakababa, the number is for the national customer service center but you mentioned you called the nebraska service center. so did u ask them to transfer to that service center or ???. i would like to talk to those guys and see what they did wityh my application. i guess we already had a painful ride and if it does not yield the right fruit then it really hurts us bad.





    venky08
    12-20 05:58 PM
    .





    alterego
    09-10 06:15 PM
    Actually even the Brits. have a rule in their immigration process stating that if you have spent a total of 10 yrs in that country, that alone is a basis for a PR card there. Citizenship is another 1 yr after that(there is currently some debate about making it 2 mainly over spousal PR cards). This rule is based on the premise that if you have been part of the society for that length of time then you have contributed sufficiently to warrant peership. So by this score, many of those who posted that they have been here since earlier than 1999 would have been eligible even absent the employers assistance.
    Given that we have been tax paying, law abiding and patiently waiting through a bureaucratic system that has to date not approved 500K visas that they could have, we have a legitimate grouse to any fair minded person. We have contributed tremendously through our purchasing power and in many other ways to this economy.

    As it stands however the system is mainly screwing EB India. Ideally they should start up a Country caps for H1b visas also. Only then will the foolishness of per country quotas for EMPLOYMENT BASED immigration be fully apparent. I see potentially another example of this "managed overflow" system at work here.
    It seems likely on the Oct. VB that EB3 ROW would have been afforded a much more generous PD than EB2I. Based on the USCIS's assertion that henceforth spillover will be horizontal before vertical, the presumption can then be that EB3ROW would basically be limited to 28% of 140K, on that basis and recent retrogression for EB3ROW, those numbers should be used up rapidly. I'll bet that this will not happen. A whole lot of "managing" is going on.