Thursday, June 9, 2011

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  • wanna_immigrate
    03-15 03:33 PM
    In the last 1 months, how mcuh time is it taking for just the labor to be cleared. Not the pre-labor work. Just labor.
    Thank you,.

    BTW you can check it out at

    Welcome to the iCERT Portal (http://icert.doleta.gov/)




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  • gc007
    09-01 10:24 AM
    Since 1999. GC filled Mar 2003 EB3




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  • gccube
    07-19 03:29 PM
    You forgot that there were another 150,000 applications in this example with RD prior to PersonB and it is very likely that many of them could have the PD of April, 2003. Therefore, PersonB will still not get it even though he/she has an older Priority date!!

    I think that after this stampede of application filings in June/July/August, USCIS needs to sort them by PD first otherwise people with older priority dates will suffer simply due to the volume of applications filed!!


    If a person with PD 2003 May applies for AOS only in Oct 2007. If the above said statement is true then when are they going to work on this new application they got. If they are not going to work on it until the RD becomes current why are they even accepting the case.




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  • green_world
    09-12 07:28 PM
    First time contribution of $100...

    Good work IV..

    Order Details - Sep 12, 2007 19:50 GMT-04:00
    Google Order #510095991304725



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  • Pallavi79
    09-14 10:20 AM
    my PD is March 2003. I filed in EB3 because all EB categories are current at that time.




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  • pointlesswait
    12-11 09:25 AM
    There are so many who missed the July 07...

    we should try to seek temporary relief..allowing to file for 485 even without PD veing current.


    CIR will happen when it has to happen..maybe after the health bill ...but IV not doing anything else while waiting for it is sad....


    I left old job 10 months before July 07. But attorney at new employer did mistake with advertisement, and PERM got rejected. Applied again, and USCIS audited all Fragomen cases, so mine stuck there attorney being Fragomen. By then July 07 was gone. In Sept 08 again my PD (Nov 05) was current but I was stuck with Audit.... Finally I got PERM approved, 140 approved, but since then NOV 05 is far far away....



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  • addsf345
    11-20 03:38 PM
    Some benefits can be revoked automatically (I-140, I-485), some can be revoked only after determination is made by USCIS and a beneficiary is notified and has an opportunity to respond. EAD is one of the latter.
    See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
    http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
    EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.

    See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:

    http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html

    "The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather � if the 1984 visa petition was "currently valid" as of her 21st birthday � automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."

    Thank you 'lazycis' for reconfirming this. Just 2 weeks back I used to think that keep working on H1B is lot safer than using EAD :o




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  • nk2006
    10-28 02:39 PM
    Thanks to everyone who have already sent emails to Ombudsman. We need to do more to get positive results, please go to: http://immigrationvoice.org/forum/sh...ad.php?t=22182 and send those 4 letters.

    Others who have not yet acted on this, please go to that thread; download the 4 letters and mail them.

    As many people mentioned here and other web sites, the denials are continuing and we need to act now to stop this before it gets even worse.

    (Please continue future discussion at: http://immigrationvoice.org/forum/sh...ad.php?t=22182)



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  • prashanthg
    09-10 05:06 PM
    I guess the reason for moving back eb2 I dates is strategic. Since they have the whole year to use the 140 K visas, they might be trying to start the year conservatively, trying to honor FIFO.

    The aggressive movement of dates in last quarter was ONLY to prevent the visa number wastage.


    I think the reason for the retrogression in EB2-I is obvious.
    There are only 800 visas available for EB2-I for any given quarter (remember the 7% country quota). The spill overs from EB2-ROW and EB1 start only after few months.

    EB2-I will move after the DOS looks at the unused visa numbers from EB2-ROW and EB1, hope fully next quarter.

    There are no spill overs into EB3-I, so it won't move any time soon.

    Note: I am not commenting on USCIS approving cases with later dates before older priority dates.




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  • Mouns
    04-30 02:24 PM
    Does anyone else have the same problem. The webcast is erroring out.. saying page not found .

    It is 2.25 pm and I still can't access the webcast. It was working fine 1h ago or so...



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  • chanduv23
    05-15 10:58 AM
    When the USCIS is doing mistake, we need to ask for fee waiver. If they are nog giving, we should not hesitate to take them to court and make them pay for it. Even one time if we can succeed it will make all the difference.

    Ok - any ideas how we can ask? What fee waiver are we asking for?

    We need to understand if there is a system in place for fee waiver?

    To get any favourable thing like getting fee back and such things, first thing is that they have to officially accept that they are doing this and that is the most difficult part. You cannot get them to talk so easily.

    Breaking the law is not acceptable - it can be from all sides, but when you deal with govt agency - it is not easy - there is a lot of beurocracy associated and it is not that easy as we all think it is.

    I understand the frustration among the community - but we must all collective channelize our frustratons into something constructive, positive and effective.

    thats why we need innovative ideas to deal with this.

    Come on EB2, EB3 - US MAsters, US Phds, EB1s , scientists, doctors, engineers, consultants, and all those ivy leagures - can you use your IQ and brains to help wiith these issues? Please post some ideas here.




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  • samrat_bhargava_vihari
    04-27 02:47 PM
    I have my sister in law from India on H4. She got married after her husband got his 797B approved and so she does not have her own 797C. The DMV wants her own 797C approval notice to give her a temporary drivers license. How does she get that? Can she file some petition with USCIS to get it?

    Normally they need 2 kind of identification cards to make sure you are the right person. For H1 people it would be their passport/Visa/I-797/SSN etc.
    For H4 it would be his/her passport and visa makes two identifications, but some people consider it as just one identification so try with marriage certificate or Indian driving license. Some people will have different last name in marriage certificate and passport who need to provide some additional documents which are in DMV list. They accept documents only which are in their list.



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  • WAIT_FOR_EVER_GC
    09-01 03:28 PM
    Landed here on jan 1st, 1998 (F1)
    Survived 2 recessions
    No hope as labour filled in eb3


    Dude you need to get serious about this. It will take you 21 years if the system does not change. Upgrade to EB2.




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  • bskrishna
    06-10 11:36 AM
    So July visa bulletin is out ... we will see comments with frustation and appeals to fight for the cause ... however, this is a prediction thread, so my prediction is that by next week, all affected people will accept the reality and will move on with their life waiting for August visa bulletin or for the next year quota. My purpose is not to offend anyone, but this is just the observation we all had in the past, so why this time around its going to be any different?

    Now as far as those three bills are concerned ... at times I feel that they are just pacifiers to amuse the crying babies. We all can see that immigration related bill (fashion models, regional investors etc) are getting passed, but not the one's that we really want. Therefore hearings in the sub-committie and than in full hearings will go on till August, and afterwards presidential election will be the focus ... immigration reforms will take a back seat. New administration in 2009 will have more immediate priorities to fix the economy, war, etc. Immigration will eventually appear on the radar, but only after some time.

    So only movement I can see in near future is EB3 to EB2 conversion. That's OK too. because everyone has a right to straddle the lanes. Out of that stampede, some will get approved, some will get rejected, and will create more mess in the system. But that's inevitable ... and if a mass transition happens, USCIS will have no other option to bring in yet another rule to make their life easy, we all can guess ... what that may be ... I think this is one of the reasons why USCIS does not allow 140 premium processing anymore. Now those who are hopefull for EB2, my message is that USCIS can very easily justify visa wastage this year because of the extra load they got from Citizenship applications. Personally, I do not have much hope of USCIS working efficiently.

    I am not trying to spread pessimism, but just giving my predictions. We all need to think hard, as to how can we come out of this mess. Flower campaign worked once, but doesn't mean that its gonna be effective again and again.

    Fashion models and Sport personnel and EB-5 folks are few in numbers and will go unnoticed by their constituents. Other EB categories are comparatively huge. So I suppose that congress is treading carefully. If the bills does not go though the subcommittee and full ones, opponents will debate that the bill was sneaked in or piggy backed or pushed through. Hopefully something will emerge before the presidential elections. Lets not loose hope and try our best. Anything after the elections will be bound to be bogged down by CIR...



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  • ganesh babu
    02-15 11:55 PM
    hi i have come to the u.s. on a f2 visa and currently my spouse is doing her OPT.i applied for a driving licence in georgia and i was issued a learners permit based on my I94,visa and letter from social security office denying me a ssn.
    i went to the same centre(decatur) for a road test and now they say that we cannot give you a licence because your visa says dependent for a student of wisconsin university,so you should go to wisconsin and get your licence.i went to another dmv centre and after verifying my docs. they let me take the road test and i cleared the test and they asked me to go to the counter to pay money , at that time the person in the counter again asked me for passpoert and i94 and he saw that university of wisconsin stuff on my visa and he said he will not issue a licence and i spoke to the supervisor and he says get a letter from INS ,i showed him my spouse opt card and showed him the words in the card which reads"eligible to work in u.s. upto ----").now he says that is your spouse opt card ,what autorisation do you have to stay in GA ?
    has any one come across such a problem?is so kindly advice




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  • ashutrip
    06-21 01:16 PM
    Link to post at IV (http://immigrationvoice.org/forum/showpost.php?p=86268&postcount=5)
    http://www.youtube.com/watch?v=TCbFEgFajGU



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  • wolfsappi
    09-13 11:53 AM
    just made a one time contribution of $100
    confirmation number : 1V989630TG1266458




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  • obviously
    09-14 05:33 PM
    Looks like some people will need to get their PhD awards 'overturned'!

    Gctest, Pallavi79 etc present a faulty hypothesis and case to mask and promote their myopic self-interests.

    e.g. "Eb2 people are highly qualified compared to EB3" - Nowhere in US immigration-based legislation do we find such support for such a categorical assertion.

    EB categories are EMPLOYMENT BASED - simply put, the requirements of the job determine EB category. Not whether one is smarter than the other.

    There is another 10+ page thread on this very topic where this issue has been examined threadbare. Based on current law there is nothing illegal in this porting practice. Also, there is no place for 'ethical' categorization in the letter of the law.

    Porting is a legally supported practice which is tied to LABOR and JOB requirements, not to one's esteemed sense of self worth.

    There are numerous BUSINESS reasons why EB3 to EB2 porting is allowed. Why not focus on other forms of irrational immigration practice like the 7% quotas which amount to discrimination based on national origin?




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  • Milind123
    09-12 05:29 PM
    Hi IV members,
    Thanks for all the work and effort put into making the life of many simple.
    Just made a small contribution from my side
    Details
    $100 from paypal Receipt ID: 0140-0216-9540-2146
    Thanks
    -Ska

    Way to go first post and a contribution.




    minimalist
    08-13 04:06 PM
    This is truly sad. And I agree with WillWin that we need to do something. IV core has time and again stressed that they will not do anything for a certain EB group. I understand their stance. But every other EB group is getting help from somewhere. For EB3-I, forget getting help, we are actually losing every day forward.

    I have lost hopes now, after reading this today. This may as well be my final post to IV. I will keep my recurring payment to IV going on. Hopefully it will help my EB2 friends get their GC and help those people (refer to the Indian friends voting for lawsuit against EB3 to EB2 porting) who want to further turn the screws on EB3-I. How much can you beat a man (or a group) that is already battered?

    Best of luck to you all.

    EB3 can only be helped when every one else is done.The way the preference categories are setup is that and the numerous cases from 2001 amnesty flooded the EB3 queue causing the retrogression. I don't suppose there can be any thing done to help EB3 specifically. We are at the bottom of the pile. If we have to be helped to get up, every one on top needs to be helped first.
    Unless the visa recapture happens, there is no hope. Folks with 2001/2002 PD , keep your spirits up. You are almost there.
    All others, if you can try EB2 porting, that's the way to go.

    ---
    EB3-I , May 2006
    Contributed 100$




    GCplease
    03-11 01:19 PM
    I received the rfe details today..Here is my list of documents needed by uscis

    1) updated properly completed form G-325A
    2) employment letter from my new employer to prove that i am working on the same/similar job as my LC (since I did not submit AC21 documents), I need to do it now, since I changed my address and the letter mentions that I am not staying in the same state as of my original LC and now they require AC21 documents.

    Hi eb3retro,
    I understand from your signature that you Receipt date is 7/2/07. was your case transferred to Vermont or something and transferred back to TSC. Do you know what was the Receipt date mentioned in the Transfer Notice.

    I am just trying to guess when they may come to my case. My receipt date for 485 was from Vermont and is 7/31/07. But then it was transferred back to Texas and this has a Receipt date of 10/1/07. I am just trying to find out which Receipt date will be considered to pre-adjudicate my application.

    Thanks.



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