Thursday, June 30, 2011

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  • chmur
    07-27 06:28 PM
    Chmur; I appreciate your post. For the sake of a discussion could you share what is the temporary relief that you are seeking. I am curious to know the details. Is it

    1. Revert back to the vertical spillover rule. OR
    2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
    3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.

    Let me offer my answers to the questions above:
    1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
    2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
    3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.

    I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers


    None ....

    Eb3-I has to explain it's position and request DOS to suggest an alternative method to mitigate the starving under the given laws.

    As suggested earlier which requires change in law and which does not is not clear to any of us. DOS itself has had contradictory implementations over the years.

    I am baffled that you think anyone of us can actually dictate DOS what to do.




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  • Jimi_Hendrix
    10-27 11:10 AM
    I do not think IV is standing alone on this issue. I think that IV is making alliances based on our membership size, funding and reach capabilities. Many times when such alliances may be formed, the other side may not want to be identified in the media. This is particularly true in the current political climate where each side is out to villify the other. I believe that as individuals we should keep creating more awareness among fellow retrogression sufferers and GC applicants alike. I find it amazing that there are so many applicants out there who have not heard about IV. I keep meeting people who suffer from so many retrogression issues and then again they are doing nothing to fight it.




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  • chanduv23
    07-09 03:34 PM
    Two things
    1. Consultant can be part of job title and/or duties. Key thing is that job must be permanent and full-time.
    2. PERM can only be filed for job that are permanent and full time.

    .

    I have talked to few people who do self employment. This is what they have to say.

    "As long as the job duties are same or similar, it is fine",
    "You must be a W2 employee of your firm"
    "The key is constant business and income - which can be proved via paystubs and/or contracts - in case it is requested for"

    I am also trying to do some research on this.

    A lot of people do go for self employment so no need to be scared as long as the employment is legitimate.




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  • psaxena
    09-11 02:48 PM
    Now just see the pattern, the moment we start talking about donation and volunteering .. the guys sitting on the sidelines distracting and demotivating , stopped being part of the conversation. Everyone says I am rude, not I am not I just show the mirror as it is.. what can I do if you see the ugly face in it.
    How good the group can be , which is actually missing when you need the count.
    IV made so many effort to keep the group attracted to this, by ask a attorney for free and other things.. I don't think the group deserve all this..
    They might thank you if you can put up a shortcut for the pathetic visa bulletins published every month.



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  • desi3933
    06-23 10:49 AM
    I think -- may be.. it will make some difference.

    on uscis site: contact us: I got this email address.

    uscis.webmaster@dhs.gov.


    I sent an email saying that - for Employment Based immigrations the employers are not willing to given the required document like employment letter, as they fear the employee may leave using AC21 after 6 months. This puts the applicant helpless after waiting for so may years and when the dates are current. Can USCIS do something about this? The only thing what most applicants have paystubs to prove the continuous employment.

    It will make a different if USCIS receives emails like this... in thousands?

    Please note that it is employer's choice to continue GC processing or not. By not giving future open job offer letter, they may not be doing anything legally wrong. It is employer's choice to continue with GC or not. remember, Employer can cancel or revoke I-140 ANYTIME until I-485 is approved.

    Employee is just a beneficiary and can not claim right to file I-485 just because I-140 is approved or pending.

    Just my 2 cents.


    Not a legal advice.




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  • Canadian_Dream
    07-08 01:25 PM
    In order to understand the situation please look at Macaca's post on anticipated usage as opposed to real usage. Apart from politics and other pressures, biggest reason for revised July Bulletin is June bulletin itself !!!. June bulletin had a biggest jump in dates in recent past (aside from doomed July bulletin). This lead to a huge number of fillings in June, no one knows how many at this time, but looking at the way receipts are coming out from USCIS they have not finish with receipts of first week of filers. DOS unaware of such huge spike in fillings went ahead and made everything current based on available number of visas. The only way this could have been avoided was USCIS communicating with DOS that June AOS fillings would suffice to exhaust the quota for the year. If the communication between the agency had been sound they would have made everything "U" in the first June bulletin itself. But when the bulletin was out it was too late to do anything. The only thing USCIS could do, was to exhaust the Visa numbers as fast before July 2 the date when flood gates were supposed to be opened. They did just that. That's the ONLY way USCIS could affect DOS bulletin, nothing else would have worked. As far as timings goes, why not early or right after when they realized that June AOS fillings would exhaust the numbers, perhaps because ONLY way to put a hard stop to any filings in June is exhaust the actual numbers not the anticipated demands. Remember exhaustion of the number is the only way to put a complete stop in fillings, anticipated demands are used only to set the dates in the bulletin. That explains the timings, USICIS needed every single day in June to finish the numbers and they just did that!!!!
    In conclusion reversal of bulletin is less of a conspiracy and more of the bad planning and execution and primary reason for reversal is June bulletin’s big jump. That’s my 2 cents on the matter.



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  • mwin
    08-28 01:41 PM
    Looks like they are processing EAD and AP (in the mail room itself:) ) along with receipts. No point in touching the same application twice or thrice. If you get a receipt then you should also get EAD and AP:):).

    It's very frustrating.. TSC is sitting on our application or what? Approx 30K application are there for July 2nd filer including NSC->TSC transfer(per old NYT report). We see reporting of 1 or 2 receipting a day then few quite days. :mad::mad::mad:
    It will approx 60 days since filing and still waiting for Receipt. What a heck..




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  • tikka
    06-06 05:50 PM
    All guys who is able to file or have filed for I-485. Please contribute to this good cause. Please help our other friends..
    I know some of our friends who already have green card contributed..

    Guys please give gift to IV now.. Thanks.


    needed to reach the target for today!



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  • qasleuth
    02-12 06:57 PM
    d




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  • India_USA
    09-14 09:26 AM
    It is frustrating to see that there is a campaign going on to allow for 485 filing even when pd is current and another thread running that says another fiasco would be bad .... everybody talks/writes/feels only as "what benefits them is good, everything else is not worthwhile or bad"



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  • dudes2006
    11-17 03:59 PM
    Done Thanks ! Also email couple of my friends.




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  • ita
    02-09 02:51 PM
    All the Best Chantu...hope you'll get job soon.



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  • eb3_nepa
    07-05 01:39 PM
    Send a DEAD Fish to the media with the story titled "Something Smells FISHY at the USCIS"




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  • Dreamer07
    08-09 10:10 AM
    if the only way to reduce the backlog of EB3 is to port to EB2, why EB3 category at all. Just remove that category... Maybe lawyer's should come with a better alternative than giving this lame advice. EB3 category are still employed for the past 10 yrs - shows that they are required-then why not fight to get their number of visas increased or the spill over be applied to them equally as to EB2.



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  • Carlau
    06-18 10:33 AM
    I am waiting.. and few more friends none of us got receipt. our checks got cashed on last Monday.

    When do you think USCIS got your papers? (I mean add two days to your lawyers' filing date), and your check got cashed on 11th?




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  • lasvegas
    02-06 06:35 PM
    I guess, this goes mostly on " intent " basis, they probably don't need a law for this. The word "Permanent resident" itself sets forth its meaning - ie. one is intending to permanently reside in a given country. If you apply for more than one, i think they can question the intent and ask us to choose one because one can not " permanently " reside in more than one place.

    2 cents.


    Can someone find a US LAW which states that you cannot hold or cud apply for 2 PRs US and Canada (or any other) ...? I could not find anything.



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  • GC08
    07-08 08:28 PM
    140K GCs were available on Oct 1 2005 and Oct 2006: categories were not current.
    < 40K GCs were available on June 12 2007: all categories were current.

    If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.

    If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.

    Sounds like either way, they were wrong. :cool:




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  • psaxena
    09-10 07:41 PM
    Deepak,
    Simple thing, I don't comment all the bull that goes on , on the open forum, discussing Vonage to anything, who cares. Put up the opinions no problem. But there has to be a limit on how and what are you putting up.
    Despite IV doing so much for the community, the post from gvenkat, jyoti and including yours and lot others (guys you know whom I am talking about) actually demotivate the group and this way you contribute to IV but all NEGATI VE When I see this type shit I just cannot stop myself and I think would be a shame on myself if I do so.

    Also , one time donation are not helping. IV needs more donations, more volunteers. Come on join in, everything is flexible here for volunteers, so please contribute and donate.IV core has got it to this point with least support and proved that yes it can be done now what else do you what IV to prove. After this still you are looking for something for them to prove. then its nothing to prove all BS excuses for not being the part of it.
    If that is the case , then who cares about ones opinion???



    I don't usually comment on such posts and I have seen a lot of people take the side I am about to take. I just think you are being unnecessarily rude. It is these people and their opinions that cause IV to exist as a group. Lets say you are going to lock membership only to people paying a membership fee every month. How big a group are you going to get?

    If it is going to be significant, then maybe that's the way IV should go and should just shut down public forums where there are members who can talk and members who have "not bought their right to talk"

    I bring up the "monthly membership" issue because I did make donations on multiple occasions (you should probably look up your records and verify). And yet, under the new design, I am not a donor, I do not get access to the exclusive threads that only the privileged monthly members do. So, just like the OP, I am a thankless member who thinks the group is thankless. So, I do not know what initiatives IV has taken, but yet, I linger around the forums because it has so many smart people throwing around ideas, working on theories and just being friendly.

    Maybe you should just create a little forum of yours in one corner and put walls around so no one can come in and make suggestions about things you won't tell them about. Does it take that much effort to be nice to someone? Just remember that he is free to tell you what to do irrespective of who he is. What you actually do is upto you. Just be nice for a change, it will make you get a whole new perspective on life!




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  • drirshad
    05-06 01:00 AM
    Chill out guys ..........

    If u r frustrated try Viagra ......

    If u r not frustrated good for u .........

    If u r neither search for the nearest escort service .....




    amitjoey
    07-09 07:37 PM
    We need to keep the message short. But concise. Media will create all the corresponding articles, and messages. We just need to bring it to their attention, they will figure out after research, that it was "munnabhai". Frankly, the message is important, not the messenger or the vehicle that the messenger drove.




    english_august
    07-10 04:53 PM
    In the past week, the "Protest Blooms" campaign notched up the following wins:
    Times of India article
    Buzz in the blogosphere
    Attention from many attorney websites and blogs
    Had a Washington Post journalist show interest in our issue and had tens of our members talk to her - which should result in a good article. How many times have we seen so many regular members of IV being able to speak to a reporter of a mainstream US publication on our issues?
    Had a senior Reuters editor talk to many of us and he promised a sustained coverage of our issues
    Had a senior reporter from New York Times talk to me
    Had the footage of this entire event shown on CNN in India
    Had many small media outlets which never cover these kind of issues, cover it (in smaller towns in MN and NY)
    Created a sense of action in the community which was feeling pretty dejected after the USCIS fiasco
    Had USCIS director react to us
    Had so much interest generated that the IV website was brought down J
    Brought a great deal of attention to IV (see previous point)And all this was accomplished with a severe time crunch. The grassroots effort involved in this campaign was unbelievable - thanks to everyone who kept the faith.

    Was the point of this campaign to have our flowers be decorated on the desk of the director of USCIS? I don't think so. The word again was "symbolic" and that purpose is served whether the flowers are in boxes or in full view of the world.

    Would it have made for better visuals if the flowers were in full view? Sure. Is there a way to improve upon every campaign? Sure.

    Let us learn from what went right and what went wrong and use this to better execute all future events.



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