Sunday, June 12, 2011

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  • mdmd10
    07-23 03:56 PM
    It is good to know someone with PD Aug 2004 in EB3 from India is getting approval. This gives me confidence that there are not many people waiting in line when the doors open in Oct 2007 with new quota.:)


    PD for EB3 India in the June Visa Bulletin was 1st June 2003, meaning all those whose Priority Date on the LC on or before 01st June 2003 are eligible to apply for the next 2 stages.

    If so, how could someone with a PD of Aug 2004 in EB3 India apply? Perhaps I am missing something.




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  • panini
    07-06 02:10 PM
    OMG!!! Dude, you are the first one who said something like that and got away with it!!!!


    IV core leadership has to change and so is the stratergy. Current Lobbying efforts have clearly not worked out. I call for elections to elect the new core team. All these conference calls and inaction is just wastage of time and things are getting worse. We need an aggressive stratergy and may need to take names and hit people openly to get our agenda pushed. IV leadership clearly lacks these skills.




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  • susie
    07-15 11:19 AM
    APPENDIX: REFORM SOLUTIONS

    The Need for a Compassionate Visa


    Solutions

    Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows

    �(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,

    (A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
    (B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �

    This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.

    In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.

    If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.

    Removal of Child Status Protection Act of 2002 (CSPA), section 8

    Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.

    Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.

    Dream Act

    This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.

    E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007

    We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).




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  • amitjoey
    07-05 02:13 PM
    The following write-up appears here courtesy of ChanduV23, one of our members. This has been edited for content and messaging:

    Thank you ChanduV23

    - On behalf of the Core IV Team

    I am a highly-skilled professional who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as "Green Card" for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get Green Cards for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, backlogs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS) and other allied state and federal agencies.

    Several categories of EB immigrant visa (Green Card) numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, these delays have led to indentured servitude for several of us. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been compromised.

    For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date� (date assigned to us for our turn in the line for Green Cards), all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.

    Please note that 6/13 DOS announcement would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as the right to travel and right to work- this was still a welcome change. Especially, for dependent spouses who have been otherwise unable to work, this would have translated into right to travel and work without restriction and thus channel their energies positively. TSeveral dependent spouses are also highly-skilled. This would provide them an opportunity to realize their technical and entrepreneurial expression and add to tax dollars. Additionally, this would have greatly reduced the paperwork burden on our sponsoring US employers.

    Tens of thousands of applicants spent thousands of dollars in legal fees, immigration medical exams & vaccinations & getting various supporting documents ready to file our immigrant petitions to USCIS, at times inconveniencing our old parents in our home countries as well. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our home countries or have had to cut short business trips. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all petitions filed in July would be rejected.

    For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.

    We sincerely seek immediate congressional/ legislative remedial measures which would
    (1)Reduce the enormous backlogs of green card petitions of legal skilled immigrants
    (2)Ensure and request USCIS not to reject our immigrant visa petitions filed in July and provide us interim benefits of a pending immigrant visa petition. We make this sincere request on this Independence Day with the hope that people who played by the rules will be rewarded.



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  • diptam
    08-11 05:10 PM
    hpandey,
    I do not buy this argument because how come NSC is approving peoples I-140 filed concurrently in July-Aug 2007 or even non-concurrently filed as late as Oct 2007? How come Eb2 is moving so fast in NSC ?

    How come Eb2 and Eb3 for Non-concurrent filers in TSC is moving so fast ?

    They have taken some deliberate steps internally not to process certain applications - which is Unfair and Illegal from a USCIS FIFO perspective and that is what we are trying to Protest professionally.

    Let me know what you think !

    Looks like the USCIS had been busy with the citizenship applications before the Nov elections and hence it has been slow approving I-140's and GC's. Now that it is coming to an end we might see our applications moving forward. Maybe from Nov onwards it would be better.

    http://www.boston.com/news/local/breaking_news/2008/08/us_tackles_citi.html




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  • setpit_gc
    07-24 05:19 PM
    My wife's DL expired in June 2007. We got her extension in April 2007 for next 3 years. FYI: It took only 40 days to get the approval. Applied in PP.

    We noticed the incorrect DOB in her approval notice. Attorney contacted CIS about this. We got a letter from CIS asking us to wait for 30 days to review her case. It is 90+ days since we reported CIS's typographical error. They took 40 days to approve the extension but they are taking more than 90 days to correct the DOB and issue a copy. Congrats CIS!.

    Because of CIS's typographical error, we are facing hell of problems. She couldn't renew her DL. We went to DL office. We were asked to file a complaint. That takes ANOTHER 10 to 12 months to get the feedback from DL office.

    I don't know what to do other than just WAIT!.



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  • RandyK
    07-05 01:54 PM
    :d




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  • gc4me
    07-06 01:56 PM
    Because I don't have enough time left of my H1B so that I can get a new I-140 approval before my H1B expires. I am in my 7th year. The only option I have is to port my PD. But I don't have I-140 approval copy, only the receipt #.

    why cant u go to another employer...I think if ur current employer is not willing to file 485 for u..then u have NO OPTION BUT TO SWITCH EMPLOYER....



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  • Administrator2
    04-30 02:19 PM
    Cornyn Open to Working on Immigration Reform - Roll Call (http://www.rollcall.com/news/45730-1.html)

    We need to get more, but obviously a good beginning.

    This is just in. Thanks for posting Leo07.

    Please Please Please call Cornyn office right now.




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  • srikondoji
    08-02 04:08 PM
    This was answered in the trail of threads following the first post. However for the benefit of all, i updated the original post.
    Please refer back to it.

    Any updates for TSC who sent their applications to NSC??



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  • h1techSlave
    10-01 10:27 AM
    EB limits�The 1990 Act specifies that the worldwide limit on EB preference immigrants is equal to 140,000 plus unused FS-preference visas in the previous year.

    What can we do, so that USCIS does not really issue that many FS category visas during 2007 - 2008?




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  • piliriver
    03-21 03:23 PM
    @AllVNeedGCPC : Did you get any updates on I-485

    @gene77 : When was your I-140 approved and what is your priority date.

    Thanks!



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  • shukla77
    06-11 01:14 PM
    Wow ... Although I am not in consulting business so dont know all the fundas, but what seems interesting to me is "making 100K from 100~200K from active trading and investing in other areas". So I can make 50K if I have 50-100K to invest. Pretty hefty returns :D.. I wish we could chat over the lunch or something


    It is not a big deal dude...if not for this immigration system, we could be making even more..think about $80-$100/hr if you are an independent contractor. This a minimum for a decent contract with vendor directly.
    And if you have ~100-200K for investments, with some experience and any luck..you could be making another 100K out of it from trading and active investing in other areas. That comes to ~250-300K minimum. There are no bounds when life is free and in this great country. Unfortunately, things have turned discriminative and our potentials are being restricted(atleast for non-EAD guys) and you have to be prepared for getting outright kicked out of this country.




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  • sareesh
    09-13 01:39 PM
    where you promoted for EB2 ?

    thanks,
    SG.



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  • swissgear
    08-23 08:47 AM
    see below.. I think you should be OK.
    USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)

    Looks like 10 years experience is required for individuals applying under "Exceptional Ability".

    They are targeting the wrong cases. They should have made the eligibility for EB1 Intercompany transfers harder by putting in more restrictions. Every tom dick and harry are eligible for the EB1 route. I know of many cases where the individuals are paid less than 70k and are processed in EB1 even though they have less than 10 yrs experience ,using the term multi-national executives. No offense on these individuals, but its not fair to impose restrictions on highly qualified compared to the EB1 Multinational route. JMHO




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  • willwin
    07-11 11:15 AM
    Priority Date to 2006 to me is like a flashlight in the middle of the tunnel. Whether battery will run out (retrogression again) before USCIS acting on my file is a miilion $ question.

    Let us hope for the best.

    I pray for EB3 brothers and sisters and they realizing so called american hope sooner with CIR.

    Is CIR the only way for EB3 to get GC? Real sad! As good as saying that all EB3 applications are going to be null and void.



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  • dpp
    07-20 01:30 PM
    Yes, you are right. It is from beginning of PERM.

    So, total number in PERM labors are 144K. Thats good, not many.

    So, so if we have 150K BEC cases also, it is 300K for primary and 600K-700K total for 485s.



    The report shows 144,000 between March 28, 2005 - June 1, 2007. This is not bad as we all are thinking

    Karthik




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  • delhiguy79
    08-15 11:10 AM
    If its 2001 or 2003 ... ppl like me who r in EB 3 (with PD March 2007) will not get GC for next 4-5 yrs until and unless they spill Eb 1 cases evenly to Eb2 and Eb3...which is next to impossible :eek:




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  • Jeniya2006feb27INDIA
    11-06 04:03 AM
    I read somwhere that another bill is in que of senete for allowing the reinstatement of schedule A
    is it true? if yes, is there any chance that it will become a bill




    gsrknth
    07-14 02:55 PM
    Great Idea.
    Confirmation: 7YB6J-R6KW8




    pd_recapturing
    10-17 10:17 AM
    As I said before, I am willing to spend time (and of course money) to go and talk to anyone who can help us in this regard. Though, I am not in this situation but who knows. Guys, pls come forward and participate in this very very imp campaign.



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