pd_recapturing
04-10 01:12 PM
NKR & saralayar, you guys are stirring up Hornet's nest ... ppl will come up with loads of arguments from both sides of fence .. its best to not to change the diection of the citizenship discussion ..
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koteswari
06-28 07:54 AM
Is it possible to get data on the number of people who have moved to eb2 so that some of the eb3 numbers get released?
sravani
05-15 02:17 PM
My 485 reached NSC and the receipt date is - 04/19/2007.
What is the approximate NSC processing time for sending out the Finger Print notices after applying the 485?
Appreciate your help
What is the approximate NSC processing time for sending out the Finger Print notices after applying the 485?
Appreciate your help
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Legal
07-11 08:59 PM
http://www.usimmlaw.com/current_information.htm
Posted July 11, 2007
Visa numbers WERE available July 2nd!!
We have confirmed with a knowledgeable official in the Department of State Visa Office that USCIS was requesting visa numbers on Sunday July 1st, and Monday morning July 2nd - and that visa numbers were still being issued as late as the morning of July 2nd!
In fact, close to 30,000 visa numbers were requested and issued in July - through the morning of July 2nd. And we believe that many - if not most - of the requests made in the first two days of July were for applicants whose priority dates were not current in June!
So how can USCIS refuse to accept I-485 filings received BEFORE the State Department issued its notice that all visa numbers had been used???? We have not yet confirmed the return of any I-485s filed in July. But we do know that applications were reaching the USCIS before the State Department announcement - and while the USCIS was frantically working to use up the entire year's allocation.
USCIS did not use all visa numbers before July 2nd.
Did USCIS actually use the visa numbers it requested????
Historically, the USCIS doesn't request a visa number from the Department of State until it is ready to grant the adjustment of status application. US Consuls overseas request visa numbers the month before they intend to issue the immigrant visa. This is the reason why consuls return about ten percent of the visa numbers requested - and why USCIS does not generally return any numbers.
In fact, in making allocations of visa numbers, the Department of State factors in an expected return rate for consuls - but not for the USCIS. And the USCIS - before this June - used about 85% of the total immigrant visa numbers available.
However, already this month, the USCIS has been returning visa numbers. This confirms our earlier suspicion that the only way the USCIS could request 68,000 visa numbers in a matter of weeks was to request them in advance of adjudicating cases.
We believe USCIS exhausted the visa numbers by simply requesting them - not by using them. If so, and for reasons we will post shortly, we believe that over 30,000 visa numbers requested by USCIS will go unused - and will be wasted this year!
Posted July 9, 2007
Posted July 11, 2007
Visa numbers WERE available July 2nd!!
We have confirmed with a knowledgeable official in the Department of State Visa Office that USCIS was requesting visa numbers on Sunday July 1st, and Monday morning July 2nd - and that visa numbers were still being issued as late as the morning of July 2nd!
In fact, close to 30,000 visa numbers were requested and issued in July - through the morning of July 2nd. And we believe that many - if not most - of the requests made in the first two days of July were for applicants whose priority dates were not current in June!
So how can USCIS refuse to accept I-485 filings received BEFORE the State Department issued its notice that all visa numbers had been used???? We have not yet confirmed the return of any I-485s filed in July. But we do know that applications were reaching the USCIS before the State Department announcement - and while the USCIS was frantically working to use up the entire year's allocation.
USCIS did not use all visa numbers before July 2nd.
Did USCIS actually use the visa numbers it requested????
Historically, the USCIS doesn't request a visa number from the Department of State until it is ready to grant the adjustment of status application. US Consuls overseas request visa numbers the month before they intend to issue the immigrant visa. This is the reason why consuls return about ten percent of the visa numbers requested - and why USCIS does not generally return any numbers.
In fact, in making allocations of visa numbers, the Department of State factors in an expected return rate for consuls - but not for the USCIS. And the USCIS - before this June - used about 85% of the total immigrant visa numbers available.
However, already this month, the USCIS has been returning visa numbers. This confirms our earlier suspicion that the only way the USCIS could request 68,000 visa numbers in a matter of weeks was to request them in advance of adjudicating cases.
We believe USCIS exhausted the visa numbers by simply requesting them - not by using them. If so, and for reasons we will post shortly, we believe that over 30,000 visa numbers requested by USCIS will go unused - and will be wasted this year!
Posted July 9, 2007
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breddy2000
01-19 02:55 PM
I am assuming that IV has resent the message to all members. However, I still got nothing in my mailbox:
"Welcome, Spatial!
You have 0 unread messages:"
Looks like most of the people online are not seeing this thread at all.
May be the Title need to be changed.
"URGENT CONTRIBUTIONS NEEDED. TIME RUNNING OUT. NOW OR NEVER" kind of...
People might be thinking that this thread is to discuss Integrity of Core Group.
Someone from Core group pls Update the Link and see if it works..
My 2 cents.
"Welcome, Spatial!
You have 0 unread messages:"
Looks like most of the people online are not seeing this thread at all.
May be the Title need to be changed.
"URGENT CONTRIBUTIONS NEEDED. TIME RUNNING OUT. NOW OR NEVER" kind of...
People might be thinking that this thread is to discuss Integrity of Core Group.
Someone from Core group pls Update the Link and see if it works..
My 2 cents.
shaikhshehzadali
09-24 03:41 PM
Lets start a Rally or sending letters...Lets do something so that our pain..plight gets highlighted...It's really frustrating inspite of such backlogs people just keep quiet and don't do anything about it....I just can't imagine waiting another 5 yrs to get my GC....Lets get started with a Rally
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Macaca
02-02 11:38 AM
If this amendment had really passed, and if it had not been modified in the conference between house and senate and if hard cap had become a law, then this amendment would have done more harm than good.
This is senate approval only. Doesn't it have to go through Congress also. Where are the votes in congress?
I also understand that there was no real intention on Kennedy to bring up our case. It was pure politics.
Please explain both points. Thanks
This is senate approval only. Doesn't it have to go through Congress also. Where are the votes in congress?
I also understand that there was no real intention on Kennedy to bring up our case. It was pure politics.
Please explain both points. Thanks
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susie
11-04 10:26 AM
Susie, I can say quite strongly that IV's agenda is quite officially
"H1B quota is not an issue that we wish to take any sides on".
We are trying to reduce the backlogs as a primary goal.
The main aim is to reduce the backlogs which will also reduce the age out problem, but not fix for those already aged out. Believe me, even if this was the only issue on the agenda, it is hard enough to get this done.
If we don't fix the backlogs then age out will be irrelevant. Let's imagine that H1B quota is increased, and EB3 ROW never becomes current because of more H1B ROW newbies. Then EB3 India will never get any spill over. In this case new India EB3 applications could easily have a 25 year wait, by which time the primary petitioner will have retired invalidating the whole application. Thus you can see that increasing H1B quota works against us (although the official position is no position).
I am considering computer modeling this, because I think that the a 25 year wait is very possible with the current scheme (making age out easier to push maybe).
If there is an opportunity to provide ago out protection without risking the main aim then I think that it will be taken. First we need a seat at the negotiating table.
Until we get a seat at the table we have the trade off between raising age out complicates things, and raising age out keeps it personal. There has been some debate over the, I think that the professionals recommend "keep it simple".
My position on this is to raise the age out and other family issues like US citizen children being forced to leave because their parents are. But only raise it with those law makers it will clearly be received well with, and not be a distraction.
There are other issues worthy of targeting, but they too complicate things, and risk us not getting a seat at the table. For example banning consulting. This could force many to leave, including their children, through not fault of their own. I think that consulting should at very least be grandfathered, and have some other exceptions. But again pushing that would be a distraction.
As I said, if we get a seat at the table, this issue has a chance.
We are currently working on getting that seat.
Thanks for your post, support and understanding as you know many H1B children still age out as do many other children who entered the us legally.
I am so passionate about this issue if iv decide to do something I would help in any way I could
"H1B quota is not an issue that we wish to take any sides on".
We are trying to reduce the backlogs as a primary goal.
The main aim is to reduce the backlogs which will also reduce the age out problem, but not fix for those already aged out. Believe me, even if this was the only issue on the agenda, it is hard enough to get this done.
If we don't fix the backlogs then age out will be irrelevant. Let's imagine that H1B quota is increased, and EB3 ROW never becomes current because of more H1B ROW newbies. Then EB3 India will never get any spill over. In this case new India EB3 applications could easily have a 25 year wait, by which time the primary petitioner will have retired invalidating the whole application. Thus you can see that increasing H1B quota works against us (although the official position is no position).
I am considering computer modeling this, because I think that the a 25 year wait is very possible with the current scheme (making age out easier to push maybe).
If there is an opportunity to provide ago out protection without risking the main aim then I think that it will be taken. First we need a seat at the negotiating table.
Until we get a seat at the table we have the trade off between raising age out complicates things, and raising age out keeps it personal. There has been some debate over the, I think that the professionals recommend "keep it simple".
My position on this is to raise the age out and other family issues like US citizen children being forced to leave because their parents are. But only raise it with those law makers it will clearly be received well with, and not be a distraction.
There are other issues worthy of targeting, but they too complicate things, and risk us not getting a seat at the table. For example banning consulting. This could force many to leave, including their children, through not fault of their own. I think that consulting should at very least be grandfathered, and have some other exceptions. But again pushing that would be a distraction.
As I said, if we get a seat at the table, this issue has a chance.
We are currently working on getting that seat.
Thanks for your post, support and understanding as you know many H1B children still age out as do many other children who entered the us legally.
I am so passionate about this issue if iv decide to do something I would help in any way I could
more...
pop
01-19 10:48 AM
They are not related.
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amitjoey
01-31 06:29 PM
Welcome sidkap
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desiin_va
05-15 03:04 PM
CHECKLIST OF DOCUMENTS FOR ADJUSTMENT OF STATUS
2.*Copy of Birth Certificate of Employee and ALL Dependent Family Members
(Please provide translations if not in English)
** If NO birth certificate is available then a �Non-Availability Certificate� MUST BE SUBMITTED with Affidavits of Birth, Executed by two immediate family members who were 5 years of age or older at the time the birth took place�
(Please see attached sample)
*** If a birth certificate was recently issued, then it MUST BE SUBMITTED along with Affidavits of Birth, Executed by two immediate family members who were 5 years of age or older at the time the birth took place�(Please see attached sample)
*** Please also include U.S. Citizen Children�s Birth Certificate(s)
10.Copies of ALL I-94 cards, I-797 Approvals (H-1B & H-4s), I-20s, and EAD cards.
radhagd, thank you for the information.
Couple of questions to all gurus:
Is there any time limit to say birth certificate is recent? I got my birth certificate in Jan'07, trying to see if i need to sumit the affidavits?
Also do we need to have copies of all I-94 cards since the first time we entered US? Looks like i don't have the I-94 copy which was issued when i entered in 1999 for the first time. In that case what would be the solution?
Thanks in advance for the feedback.
2.*Copy of Birth Certificate of Employee and ALL Dependent Family Members
(Please provide translations if not in English)
** If NO birth certificate is available then a �Non-Availability Certificate� MUST BE SUBMITTED with Affidavits of Birth, Executed by two immediate family members who were 5 years of age or older at the time the birth took place�
(Please see attached sample)
*** If a birth certificate was recently issued, then it MUST BE SUBMITTED along with Affidavits of Birth, Executed by two immediate family members who were 5 years of age or older at the time the birth took place�(Please see attached sample)
*** Please also include U.S. Citizen Children�s Birth Certificate(s)
10.Copies of ALL I-94 cards, I-797 Approvals (H-1B & H-4s), I-20s, and EAD cards.
radhagd, thank you for the information.
Couple of questions to all gurus:
Is there any time limit to say birth certificate is recent? I got my birth certificate in Jan'07, trying to see if i need to sumit the affidavits?
Also do we need to have copies of all I-94 cards since the first time we entered US? Looks like i don't have the I-94 copy which was issued when i entered in 1999 for the first time. In that case what would be the solution?
Thanks in advance for the feedback.
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GC08
10-15 06:16 PM
If you are saying that EB3 would move from 2001 to 2004 this year, then that is what BharatPremi and I were saying. We should be OK with 3 years movement for EB3.
And, guys don't jump on me, if we accept that 3-4 years for GC is acceptable (though I agree that GC in 6 months would be the vision, dream...), then guys who have filed in 2004 should be patient till 2008 and guys who filed in 2006 should wait till 2010.
The only guys who should worry is those with PDs 2001 and 2002. Again, most of them got cleared in Jun, July this year except those who are stuck in name check and LC in BEC.
Well, I was saying "at least". So if goes for 2 years to clear pre-PERM backlogs, I would not be surprised. ;)
And, guys don't jump on me, if we accept that 3-4 years for GC is acceptable (though I agree that GC in 6 months would be the vision, dream...), then guys who have filed in 2004 should be patient till 2008 and guys who filed in 2006 should wait till 2010.
The only guys who should worry is those with PDs 2001 and 2002. Again, most of them got cleared in Jun, July this year except those who are stuck in name check and LC in BEC.
Well, I was saying "at least". So if goes for 2 years to clear pre-PERM backlogs, I would not be surprised. ;)
more...
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logiclife
06-29 01:12 PM
I have submitted all the documents to my laywer on 6/25 itself (including medical) but they are just heavily back logged and won't be filing my case till Jul 10. I am just frustated now. I even offered to pay extra to speed it up but no use. I am only worried if dates retrogress half way through?
To my real question.. Can we just file on our own with out the lawyer? I would hate to loose this window just coz my laywer couldn't do it. Not sure how I would break that kinda news to my wife, "I know the dates were current for 10 days in July but our lawyer didn't have time so now you will have to stay at home for 1 more year".
Here is the self-filing thread.
http://immigrationvoice.org/forum/showthread.php?t=5132
Please read the disclaimer on the home page about the thread content. These are members like you and they are not lawyers and the forums advice is not legal advice or legal counsel. Do it at your own risk.
You still do need your employer to give you one letter about your future employment. Other than that, you might have everything you need to file your 485 and employer's involvement is minimal.
If your 140 has not yet been filed, then you definately need your employer's involvement and in that case, firing your lawyer hired by your employer might actually cause more delay because you will have to do a lot of co-ordination on your own with employer and your new lawyer. Getting 140 filed without lawyer is probably very tough. So self-filing of 485 makes sense mostly for those who have approved 140.
To my real question.. Can we just file on our own with out the lawyer? I would hate to loose this window just coz my laywer couldn't do it. Not sure how I would break that kinda news to my wife, "I know the dates were current for 10 days in July but our lawyer didn't have time so now you will have to stay at home for 1 more year".
Here is the self-filing thread.
http://immigrationvoice.org/forum/showthread.php?t=5132
Please read the disclaimer on the home page about the thread content. These are members like you and they are not lawyers and the forums advice is not legal advice or legal counsel. Do it at your own risk.
You still do need your employer to give you one letter about your future employment. Other than that, you might have everything you need to file your 485 and employer's involvement is minimal.
If your 140 has not yet been filed, then you definately need your employer's involvement and in that case, firing your lawyer hired by your employer might actually cause more delay because you will have to do a lot of co-ordination on your own with employer and your new lawyer. Getting 140 filed without lawyer is probably very tough. So self-filing of 485 makes sense mostly for those who have approved 140.
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a1b2c3
06-25 05:45 AM
I was just getting more information on EB3 India on the net.And found an interesting blog(It makes sense to me and that why i am posting this thread)
Skilled Immigration to USA: Hidden Aspects: Retrogression Math for Dummies - EB3 India Edition (http://skilledimmigrants.blogspot.com/2006/12/retrogression-math-for-dummies-eb3.html)
Its a 2006 blog , but it makes sense even today for EB3 India
Finally that's when you switch on your calculator and start working with the numbers. There are 140,000 visa numbers available under all the employment based categories, with 7% per country limit and 28.6% allocated for EB3 and dependents counted into the numbers, there are only about 115 EB3 primary applicants allowed from India per month. Throw in a few thousand illegals(amnesty) into the mix and now you have the royal screw-up as is happening now. The law allows visa numbers from unused countries to be transferred to the oversubscribed countries but with nearly every category retrogressed this law won't apply for a while.
The future looks toooo dark even to mention.
Jago EB3 Indians Jago
The biggest problem with lot of EB3-Is with older PDs is that they won't switch jobs and port to EB2. they will cite number of reasons for maintaining the status quo i.e their EAD status post July 07.
A handful will march to washington DC and get the senators to know them by their "first names". Others will simply chip in a few hundred bucks and make themselves feel they are the Buffets and the Gates of this world. Still others will simply fume and fret. Some will preach how porting EB3->2 means "gaming" the system.
All very experienced EB workers who think they can get the best of everything at the price of nothing. Who want everything "risk free".
Green cards in the mail and smooth upward progressions in their careers.:D
Skilled Immigration to USA: Hidden Aspects: Retrogression Math for Dummies - EB3 India Edition (http://skilledimmigrants.blogspot.com/2006/12/retrogression-math-for-dummies-eb3.html)
Its a 2006 blog , but it makes sense even today for EB3 India
Finally that's when you switch on your calculator and start working with the numbers. There are 140,000 visa numbers available under all the employment based categories, with 7% per country limit and 28.6% allocated for EB3 and dependents counted into the numbers, there are only about 115 EB3 primary applicants allowed from India per month. Throw in a few thousand illegals(amnesty) into the mix and now you have the royal screw-up as is happening now. The law allows visa numbers from unused countries to be transferred to the oversubscribed countries but with nearly every category retrogressed this law won't apply for a while.
The future looks toooo dark even to mention.
Jago EB3 Indians Jago
The biggest problem with lot of EB3-Is with older PDs is that they won't switch jobs and port to EB2. they will cite number of reasons for maintaining the status quo i.e their EAD status post July 07.
A handful will march to washington DC and get the senators to know them by their "first names". Others will simply chip in a few hundred bucks and make themselves feel they are the Buffets and the Gates of this world. Still others will simply fume and fret. Some will preach how porting EB3->2 means "gaming" the system.
All very experienced EB workers who think they can get the best of everything at the price of nothing. Who want everything "risk free".
Green cards in the mail and smooth upward progressions in their careers.:D
more...
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EB3IFiasco
04-13 09:34 PM
Attorney filed it on 05APR10 with NSC; automatically transfered to WAC and received the receipt notices last week.
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roseball
11-26 01:05 PM
Thanks - I guess that's good advice.
Btw, do I need to send the original passport with the application?
Yes, you will need to send the original passport along with the filled in application...Since the passport is expired for over an year, check this out:
Quote:
When should you apply for the new passport?
i) Apply for reissue of Passport if the final (F) validity is less than one year. For example, if your passport is expiring on 31st Dec. 2008, you can apply for a new passport from 1st Jan. 2008 onwards.
ii) The Passport should be renewed within one year of its expiry. If for any reason you have delayed applying for a new passport beyond one year after expiry of your passport, an affidavit stating the reason for delay sworn before a Notary or a Consular Officer should be submitted along with the application.
:/End Quote
For more info on Consular Services from Houston, goto: www.cgihouston.org
Btw, do I need to send the original passport with the application?
Yes, you will need to send the original passport along with the filled in application...Since the passport is expired for over an year, check this out:
Quote:
When should you apply for the new passport?
i) Apply for reissue of Passport if the final (F) validity is less than one year. For example, if your passport is expiring on 31st Dec. 2008, you can apply for a new passport from 1st Jan. 2008 onwards.
ii) The Passport should be renewed within one year of its expiry. If for any reason you have delayed applying for a new passport beyond one year after expiry of your passport, an affidavit stating the reason for delay sworn before a Notary or a Consular Officer should be submitted along with the application.
:/End Quote
For more info on Consular Services from Houston, goto: www.cgihouston.org
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RLNY122004
02-02 02:48 PM
I contributed $25 today.
Paypal Receipt Number: 2219-5554-0313-6720
Paypal Receipt Number: 2219-5554-0313-6720
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amitjoey
01-18 03:41 PM
No offense, but, I would continue or increase my contribution, not because someone else is doing so or not doing so, or not if I would I get a tax break or not, but just because of my sheer appreciation of the IV core group's amazing efforts.
I have not (in the recent past) seen such a group of dedicated, decent and diginified people working together in a selfless manner to achieve something not only for their own good but for the good of hundreds and thousands of their fellow "sometimes not so polite, not so patient" sufferers.
I see my contribution to IV something similar to a contribution to a church or a temple. You give, not so that you'll benefit out of it, but because at the end of the day it is money well spent for a good cause.
If you benefit out of the efforts possible by your contribution, that's a nice bonus.
I don't look at my contribution as "I pay $20 I should get $100 in return".
For me, it is not an investment, but a good expenditure for worthy cause.
Thank you so much for saying this. Worthy cause-yes- is it not our cause!?
guys, come on you are all members here, because you want relief from retrogression. It is your cause.
I have not (in the recent past) seen such a group of dedicated, decent and diginified people working together in a selfless manner to achieve something not only for their own good but for the good of hundreds and thousands of their fellow "sometimes not so polite, not so patient" sufferers.
I see my contribution to IV something similar to a contribution to a church or a temple. You give, not so that you'll benefit out of it, but because at the end of the day it is money well spent for a good cause.
If you benefit out of the efforts possible by your contribution, that's a nice bonus.
I don't look at my contribution as "I pay $20 I should get $100 in return".
For me, it is not an investment, but a good expenditure for worthy cause.
Thank you so much for saying this. Worthy cause-yes- is it not our cause!?
guys, come on you are all members here, because you want relief from retrogression. It is your cause.
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doknek
05-02 11:54 AM
If we have a large number of people from the Southeast region, may be we can demonstrate in the front of the Atlanta PERM office. I think this may be crucial especially during this election time.
I am in Atlanta, I would definitely like to do that. If we get more people to come join us (and some way to get some media attention - local FOX News or CNN). We could also try to bring our family to help us with the support:D
I am in Atlanta, I would definitely like to do that. If we get more people to come join us (and some way to get some media attention - local FOX News or CNN). We could also try to bring our family to help us with the support:D
blizkreeg
03-31 01:49 PM
Anyone still looking to share a room in DC? Or someone from the area offering a sleeping bag :) ?
amitjoey
01-10 06:00 PM
Besides no one is going to listen to us unless we maintain a long term relationship with many lawmakers by meeting them regularly all across the country. only then will they listen to us as representatives of IV and introduce Bills like this and co-sponsor and vote for it. It also has to do with building relations and trust.
Thats the only way to get them to pass Bills for us.
This is a process that can take months of work to get a Bill introduced and get enough people to vote for it.
Just calling them at the last minute and saying 'lets push for this' or 'why is IV not acting' is not going to do much help without the previous step.
This is an ongoing process that needs to to be done over a long period and its about getting enough votes in house and senate 216+60 to pass. that is how we ensure close to 300 lawmakers will vote for our cause.
rightly said!
Thats the only way to get them to pass Bills for us.
This is a process that can take months of work to get a Bill introduced and get enough people to vote for it.
Just calling them at the last minute and saying 'lets push for this' or 'why is IV not acting' is not going to do much help without the previous step.
This is an ongoing process that needs to to be done over a long period and its about getting enough votes in house and senate 216+60 to pass. that is how we ensure close to 300 lawmakers will vote for our cause.
rightly said!