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  • pappu
    11-14 08:26 PM
    December Visa bulletin is obviously frustrating for all of us. After the recent accomplishments in July visa bulletin and the tons of approvals that we saw after that, we hoped that everything will be alright.

    But that did not happen. Some of us in the community were taken by surprise, but this was expected. Afterall there are only 140K greencards available every year. EB2 for India and China is already used up for the quarter. EB3 is badly retrogressed for everyone.

    Believe me, it will not get any better. It will get worse with time if there is no immigration reform.

    IV can only do what its members empower it to do. If members want us to be just a site for question and answers for individual visa problems we can stay like that. If members want us to come together and do a rally in DC, we will help organize it. We did a rally in DC on Sept 18 and made great progress. However we cannot just sit back and admire one effort. We need to continue it and capitalize on it.

    Now is the time for everyone to decide if they want a greencard. If you need a greencard, and want to do something about it, then you must join this effort and help yourself by helping everyone.

    Our Plans

    Our next hope is year end bills. If we can get some provisions in those bills we can certainly look forward to a happy new year with fast movement of visa dates. Next year is an election year and it will become much tougher for any immigration bill to pass. We will need to make super extra push next year for something to happen. So the time to act is NOW.

    We have achieved great successes when we all came together and did something. If you need proof read Macaca’s post with compilation of our achievements. http://immigrationvoice.org/forum/showpost.php?p=181953&postcount=216

    IV only asks 3 things from each one of you. Having these 3 pillars of support from members we will be able to increase our chances for an year end push.
    ================================================== ===============================
    1) Please sign up for monthly contributions. Monthly contributions help us plan ahead of time and commit our resources. Your participation will determine how big of a push we can afford. Just $50 every month per person can have significant effect on the overall push that IV can plan so please consider contributing.. http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
    Please post on this thread, if you have signed up for monthly contributions.
    ================================================== ===============================
    2) Join your state chapters now. Get together with your fellow community members and meet your local lawmakers. We are a grassroots effort and can be successful if each one of us makes a sincere effort to meet our lawmakers and apprise them of our issues. http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
    ================================================== ===============================
    3) Consider yourself part of something big. What we are doing is something big. We have already done what was difficult to think when this organization was started. Today we have become a big force and a voice of legal high skilled community. Each one of you defines what IV is. Your posts, your talks with media, your talks with your friends about IV, your talks with your employer about immigration problems, your time and effort you put in for IV defines who we are. Each one of you is important for the success of this effort. Each one of us is a voice and we have converged our energies to make a strong voice. Please consider yourself an integral part of IV and actively participate in the effort.
    ================================================== ===============================
    Let us start a massive effort in this direction and make a year end push!




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  • franklin
    09-28 11:20 AM
    Neah, there were too many approved to be all squeaky wheels. I think I know what they did. On July 1st they ran a simple query and picked up every application that has had no outstanding RFEs and had cleared namecheck, and then assigned them a visa number. If your receipt is from June, you may have cleared namecheck by July 1st, so you got the number. The rest (fingerprint check and approval itself) is just technicality.

    I am on the opposite spectrum of the processing - been pending since early 2006 in EB2 ROW. My namecheck cleared late August - guess what, I am still waiting, perhaps until new numbers become available in October (even though I am current). Even though I have been waiting longer, they really finished working on my petition in June of 2006, so everything on the CIS side, including an RFE was done in 4 months. So, I really do not think your case is an exception. Most current approvable petitions that are not stuck in namecheck are approved in 3-4 months. So, in my opinion, quotas are the main culpit. Namecheck is easier to tackle because it gets a lot of bad publicity from delayed naturalization cases.

    Sorry - My case is the exception, not the norm - it is a tiny percentage that got approved so quickly from Retrogressed categories. I do have a fairly early PD so that probably helped. To say that most current approvable petitions are processed in 3 - 4 months on average would be wrong.

    But rapid fluctations of PD becoming current (as we saw this year) will not help at all (info from Ombudsman report)
    * If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card.
    * Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications.
    * As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates.
    o Consequently, most applicants in this scenario will find themselves trapped whereas they anticipated timely receipt of a green card, their wait exceeds seven or more years.
    o In addition, all future employment-based green card applicants effectively would be barred from applying for many years.


    You really don't seem to think there is a problem at all, so why are you here?
    The only time that EB2 ROW has retrogressed at all is was for a couple of months late this year (Sept - Oct). EB2 ROW is unaffected by the quotas - so you aren't worried about them. Sounds like you are experiencing processing inefficiency to me. So yes, EB2 ROW should be much much quicker, assuming no processing delays or name check issues.




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  • GC_2004
    07-20 04:42 PM
    I completely agree with U. Let Us Fight.




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  • desi3933
    03-05 12:56 PM
    .....
    What bothers me is the requirement of the definition of Priority Date? You would expect some one in the CIS/NRC to know what a priority date is. ....

    22 CFR � 42.53 Priority date of individual applicants
    The priority date of a preference visa applicant under INA 203 (a) or (b) shall be the filing date of the approved petition that accorded preference status.

    http://edocket.access.gpo.gov/cfr_2002/aprqtr/pdf/22cfr42.53.pdf


    ______________________
    Not a legal advice
    US citizen of Indian origin



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  • gdilla
    02-28 01:14 PM
    If an H1 gets layed off, how soon must he leave before he is considered illegal status? And for practical purposes, does it matter (ie, is it ever enforced)? Does having severence extend the period (because you're technically still on payroll)?

    Canadian, EB3, in 6th year H1, PD nov 04, 140 approved 2/07.




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  • what_now
    05-17 01:36 PM
    //////



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  • franklin
    06-15 12:26 AM
    First congrats to everybody here able to benefit from this great news. For the rest of the road still loooooooong to go. I'm just starting my labor certification process this month and I'm very new to this whole greencard process. Is there any advice I can have to expedite my application before retrogression hits again. Hopefully it will be a little while before CIS brings us to reality of life. Any help to a poor man will be greatly appreciated.

    If there was much advice we could give about expediting the process, there would be very few people on this board, unfortunately!

    Even those who are just eligible to file for the last stage, its likely to take years longer on average.

    Other than suggesting you win a Nobel prize, win an Olympic gold medal, or select the country of your birth, there is little feasible that I can say.

    The good news is, things could move a lot faster than those of us that are or were stuck in the Backlog Elimination Centers.

    Oh - and those talking about the reintroduction of CIR - remember, it also was taking out pretty much all AC21 provisions which will still affect people on EAD




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  • ivar
    07-17 10:21 PM
    I am happy for everyone who can file I-485 but its okay if some one who cannot shows frustration. We as a community should understand each other instead of banning.



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  • sanju
    09-13 11:41 PM
    I received 2 private messages asking to either delete my post or provide the source of my information. Here is it on the CBS News -

    http://www.cbsnews.com/blogs/2008/09/03/politics/fromtheroad/entry4413030.shtml

    BTW, The National Inquirer, who were the first to break the story of John Edwards affair has released the Plain story as well. I am not saying that this is real story or a false rumor. I am merely saying that this is out there and the fact is, John Edwards also denied the story in the beginning. But The National Inquirer has recently gained more credibility with being right on the John Edwards story.




    Just to add, Not sure if this is true but there is news that Sarah Palin cheated on her husband, and had a relationship with the business partner of her husband. If this is true, then it would imply that she is not a good mother, she not a good wife and she is cunning & opportunist politician, with very little experience and a heartbeat away from her finger on the nuclear button when she is ready to go to war with Russia. Watch some 'Sarah Palin' youtube videos and see for yourself.

    Now please don't call this "deep sexism", did anyone see Dick Morris around?

    There is something about politicians who cannot pronounce the word "nuclear" properly. They all seem to somehow become Presidents. Maybe we should start pronouncing the word "nuclear" differently, it may help us to us to become president. :D




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  • starving_dog
    07-17 03:31 PM
    I wish all EB3 ROW with priority dates between 10/01/02 and 01/11/02 would go home so I could get my green card. Obviously this post in jest.



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  • thomachan72
    10-01 04:58 PM
    I think somebody should take an initiative and start a new thread called "THE BASHING THREAD" where everybody could go, (occasionally or in some cases very frequently) whenever we feel dejected and let it on whoever is active there. You could also invite your prey into the bashing thread by saying politely "If you are brave meet me in the bashing thread in 5 minutes".

    In case somebody starts a new thread (for eg:- something like this very thread about airline induced missery) and if you feel angry at that person for doing so, you could simply post in the thread "Hallo friend please visit the BASHING THREAD for my reply" instead of hurling personal abuses in every thread we could effectively confine our ego created frustrations/anger into one single thread.

    Computer gurus could work on it and try to create some special effects also, like if I bash somebody the degree to which that person is hurt should be reflected by color change or some sort of visual reference.




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  • TheOmbudsman
    11-07 10:22 PM
    With Sen. Pelosi in charge of the House, you can expect a leverage for sure. More corrupt than ever, a Democrat powered senate should push hard for illegal alien amnesty. If you are lucky enough to get your case processed before those 20 million+ people, yes, that can work well.



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  • anukcs
    09-13 03:46 PM
    I am amazed in the solidarity just by seeing the responses. But if i think deeper, this rally is not for some national cause or for some greater benefit.

    Every single person here is doing this for one's own SELFISH reasons. Why then are we talking like we are marching to save the planet or save the poor animals going to slaughter or human trafficking or AIDS prevention or even the war in Iraq.

    Yes, we make things easy for people down the road (however that is not our true intention, our true intention is just about how to get the card faster) but trying to pull in more people to the rally by playing on people's guilt is not the approach. You say it like you see it. We want people to come so I CAN GET MY GREEN CARD SOONER. Thats all. So everyone has the same motive...thats all. Nothing more or nothing less. Everyone is going for A SELFISH INTEREST...nothing based on higher principles of duty, sacrifice or to ensure higher morals of life. Everything is for sensual enjoyment.

    Dont write like we are seeking independence or freedom.

    I guess...my head will start to roll...sorry for looking at things differently, I dont mean to find fault but i think this is just one big rally everyone wants to get their green card sooner. Nothing more than that...in my opinion..really not even about folks who may apply in 2010?


    Tell me if there is anything that is not selfish. For me, even saving the world is SELFISH thing to do since you want to LIVE in it. We are fighting against a broken system. A system which is so unfair. You do not have to always fight for saving the world or saving lives.




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  • nrk
    05-20 11:33 AM
    letters sent



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  • srkamath
    07-17 07:28 PM
    I was also told that there is new law which requires that the PERM fees should be paid by the employer (around 5-6k). Most desi consultancies used to ask the employees to pony up the labor fees. wonder how this will affect the conversion process.

    It is ILLEGAL for the foreign applicant to pay for the PERM fees or the I-140 fees or lawyer expenses pertaining to either steps. The Employer MUST bear all expenses for this process. If you have evidence of wrongdoing, pls report it to DOL.
    We should not be supportive of such violations of law - as a group it is not in our best interests.
    The foreign applicant may pay all I-485 related expenses - or a generous employer can cover those expenses too.




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  • hpandey
    07-26 01:57 PM
    To Mr. MartianSoldier

    So you again ignited the thread once again that it had died. You have only two posts and that too only on this thread. That only shows that your only objective is to start infighting.

    I don't care where you are from but where you belong is very much true .. at least not on this planet. You can go back to Mars or wherever you come from..

    Admins - Please take a look at this thread and lock it if possible. All these posts by Martiansoldier do not contribute anything at all to this thread .



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  • pitha
    02-09 10:09 PM
    The reason we see progress year after year with Schedule A and nothing happens in EB reform because there is no corporate support for EB reform. This is one of the reaons why we should be open for measure like 485 whenever possible, even after febuary 15th.

    Maybe we need to figure out how we can involve the corporations in EB relief. The only reasons we see Schedule A relief every year because there is a strong health industry lobby driving this. the worst part about this is that these 90,000 and 50,000 which were released last year and they are trying now are comming from the unused\recaptured visas from previous years. there is no country limit in the unused\recaptured visas for Schedule A.

    when it comes to us we cannot get unused visas and added to that somebody always tries to add country limit to even unused\recaptured visas. Its a double whammy for EB retrogression. May god help us.




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  • pappu
    02-12 05:46 PM
    Couple of days back, I do differed with IV objective to persue only filing of I-485 by Feb 15. Also, one gentleman from this forum asked me to quit IV...

    I am of the opinion that "Difference of opinion" to achieve goal is OK but not to loose UNITY...

    I did not quit IV but today contributed IV because I beleive IV is fighting for Immigration issues/cause..

    Amen...!!
    Thanks. Our ultimate aim and big picture needs to be kept in mind and we try to pursue all options, all approaches and do every effort possible to get success. We all need to stick together and work harder. Positive energy from everyone also helps us all in moving forward.




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  • kshitijnt
    04-17 01:08 AM
    Guys I need to tell you my story:

    Last year HP acquired my company called Knightsbridge. Fragomen is HPs law firm. Everything was going well until we had this monster called fragomen deal with us. My I-140 was approved way back in 2006 and was waiting for a Jun-2005 PD to be current. In July 07, when VB was released, Fragomen suddenly found a problem with labor certifications of around 100 people. They had access to labors from Dec-06. Only they know what they were doing between Dec-06 and Jul-07. In june 07, the PD had moved a bit forward to 2004. That time Fragomen contacted a few employees to file 485. As soon as Julu-07 bulletin came out they suddenly changed their tune. The word "travel required for job" was missing from the labor. Fragomen advised HP not to go ahead with 485. All our arguments were falling on deaf ears. All independent attorney opinions were disregarded and HP decided to take fragomens advise and not to file 485 but to restart labor.

    After my new labor got approved, I asked fragomen to apply for consular processing in my case. They tried to escalate it to various levels in HP and pressurise me to file I485. Finally I told my boss, I want consular and also picked up a fight with HP employee not to interfere in my GC process. Because this employee always sings the tune of fragomen. After this, they have not shown any interest in filing my I-140.

    After restarting labor Fragomens service is generally upto the mark, however; they are rude and uncompromising, in that they will not share a copy of labor certification or I-140 with employee. To some of my coworkers they will not even bother to respond to him for his 7th year H1 extension despite numerious queries. One of my friends also got better than expected service in that they filed his 485 just 2 days before his PD was moving from current to retrogressed. That is the only one case I have seen with positive outcome in my company. Some employees from my company suddenly went into silent mode after July-07. I suspect, they were given under the table deals to go ahead with old labor. However I can not prove that.

    After seeing all this behaviour, I have come to conclusion that Fragomen will give you good service if they see good potential revenue from you in future. Like EADs , APs etc, multiple H1 extensions etc. I think they are very money minded company and feel that they proactively advise employers to go slow on immigration and they also advise employers on how slow immigration could benefit the employer in the long run. They are completely unethical in my personal opinion. When they were describing the situation to our managers in Jul07, they were very insensitive and were showing as if nothing else had happened.
    No one was held responsible for this fiasco and all good hard working people were left to suffer. Due to this I have come to despise fragomen and I also despise some big employers who use them. Here is the list:

    HP, Cisco, TCS, Deloitte, IBM, ...... add yours to the list.




    nat23
    09-26 09:42 AM
    You are still in a very early stage, change your law firm. Fragomen will be a PAIN to deal with....

    The problem is I cant. Its the employers lawyer firm and my employer wouldnt agree to that.




    srkamath
    07-15 09:28 PM
    It is very simple.

    Old Vertical spillover system
    EB2 ~ 44 k
    EB3 ~ 89 k

    NEW, Horizontal spillover system
    EB2 ~ 89 k
    EB3 ~ 44 k

    The above will be definitely true for FY2009. It might be a little less for FY2008 as they changed the system mid-year. EB2 will become current by end of FY2009 to 2010. Without legislative action, EB3 will get max relief then - vdlrao is correct.



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