Wednesday, June 8, 2011

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  • brb2
    11-03 07:02 AM
    Problems for EB based immigration is due to visa number shortages and relief can be achieved by an increase in the visa numbers. This will require legislation. Ombudsman has no role in this. Every one knows the current problems are due to shortage of visa numbers. Unfortunately, it is looking highly unlikely that congress will do anything until after the presidential elections. I don't know if you noticed it, as the democratic campaigns are going on, Hilary was being attacked for supporting no licenses for illegals in New York State. These people will avoid any immigration legislation. Whereas employment based immigration is non controversial, democrats know if they pass any such legislation, no republican will vote for the legalization. So the stalemate will continue until after next year's house and presidential election. Even republicans such as Cornyn are tiring out for legal immigration bills, where as the democrats are as enthusiastic as ever about solving illegal immigration problems only. Note the frequent atttempts at gettting the Dream act passed every few weeks.

    ....
    one thing what we can do is start writing emails to the ombudsman cisombudsman@dhs.gov

    i think everybody shall start telling their stories and give the ombudsman a bulleted list about what needs to happen to fix the broken system...just a thought...it may have a chance of better visibility.

    i may be too naive but nevertheless why miss the opportunity to spread the word around...




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  • greyhair
    06-21 09:31 AM
    In 2001, Congress passed a bill called American Competitiveness for 21st Century. This bill recaptured all unused/wasted green cards between 1992 to 2000. These recaptured green card numbers were suppose to be applied for EB by distributing them from 2001 to 2005. As the result starting 2001 you see higher than 140K green cards numbers allocated. However, those additional green cards which were suppose to be applied starting 2001 were wasted, in addition to the green card numbers in 2006 and 2007. Also, my understanding of the law is that if in an year, green number is not utilized in FB, in the last quarter of the year that green card visa number could flow to EB . Likewise, if a green card number is not utilized in EB, in the last quarter the unused green card could flow to FB.

    I read on this forum that starting 2001 (after the unused visa numbers were captured the last time) the total of these unused/wasted green card numbers from EB + FB is around 316K. Hope this clarifies your question.

    But don't count on any new law to recapture green card visas outside of CIR. It is not going to happen. IV core team said that the administration, and both Republican and Democratic lawmakers are opposed to do anything outside of CIR.

    Here is today's news in Politico indicating the same thing -
    Jon Kyl: Obama holding border 'hostage' - Andy Barr - POLITICO.com (http://www.politico.com/news/stories/0610/38789.html)

    If Administration can tie high profile subject such as border security with CIR, is there any chance that lawmakers will let Recapture through (outside of CIR)? I don't think so.



    I have often heard about visa recapture in these forums, and always that there were lost visa numbers. I came across a DHS site yesterday with statstics on GCs issued, and must admit I am a bit confused about what visa recapture means. The site is DHS | Yearbook of Immigration Statistics: 2009 (http://www.dhs.gov/files/statistics/publications/LPR09.shtm) . Looking at table 6 (Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 2000 to 2009), we get the following data on EB and FB issuances.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
    EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
    Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435


    if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
    EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
    Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435

    As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.

    I'm curious to know, what recapture means, when it seems visas have not been lost.

    The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
    EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
    Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642

    So are we trying to recapture 271k visas from this calculation?

    If the experts could shed some light on this, that would be great.




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  • suny_saini
    07-22 11:41 PM
    plzzz i need more satisfication and help and suggestions........




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  • RadioactveChimp
    04-16 02:02 AM
    yes yes I know...let's leave this in the past alright? :lol:



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  • vinzen
    08-14 10:55 PM
    https://egov.uscis.gov/cris/processTimesDisplay.do

    NSC - I485 - Sep 15 2007
    TSC - I485 - Aug 30 2007

    Cheers,
    Ardnahc

    Hello guys ,

    New member here. I have been watching the forums occassionally. My PD is June 2002 EB3 and here is my situation from USCIS case status:

    1. I first applied for I765 and I485 on 08/10/2007 and got EAD for 1 year. According to https://egov.uscis.gov my status was "APPLICATION FOR EMPLOYMENT AUTHORIZATION".
    2. Then I by myself applied for renewal of EAD exactly after 1 year on 08/19/2008 and got EAD approved for 3 years. According to https://egov.uscis.gov, the form that I applied for was I765 and status again was "APPLICATION FOR EMPLOYMENT AUTHORIZATION".

    These were the only two entries on my status on https://egov.uscis.gov. So far so good.

    3. I decided to log on to this site this morning to check my status and saw a third entry in my case. It says the form number is I485 and they receieved it on 04/20/2009 and the case status is "APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS".
    I didnt do anything on 04/20/2009. So it seems like the I485 that I submitted along with I765 on 08/10/2007 was finally receieved by USCIS on 04/20/2009?. When I click on my case number, it says "On July 6, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case." and that it is with Texas Service Center. I checked TSC timings and looks like they are at 08/30/2007. Is this the date they first receieved my application (July 6, 2007) or the last update date (04/20/2009 .... look at #3 above). If it is the latter, I am still three years behind. If it is the first application date, then I have some hopes.

    Sorry for the long post and to make you read all this. Any help will be appreciated.

    thanks,




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  • yogirajd
    11-09 12:43 PM
    Recently I have got Denial notice from INS on my I-140 application. All the documents are fine. Just They have mentioned as My Education Qualification is not equivalent to US Education. My Education is B.Sc. Physics and MBA.

    Is anybody has got same problem, and if yes Please let me know what to do in this situation.

    I am thinking of getting good Education Evaluation from Somebody. But I don't know it�s just happened because of Lawyer. Do I need to go to smart , strong Attorney to do this. OR Apply for new labor again and start the process.

    Please suggest me on this.

    Thanks

    Yogs.



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  • vinzak
    06-16 12:10 PM
    I have often heard about visa recapture in these forums, and always that there were lost visa numbers. I came across a DHS site yesterday with statstics on GCs issued, and must admit I am a bit confused about what visa recapture means. The site is DHS | Yearbook of Immigration Statistics: 2009 (http://www.dhs.gov/files/statistics/publications/LPR09.shtm) . Looking at table 6 (Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 2000 to 2009), we get the following data on EB and FB issuances.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
    EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
    Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435


    if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
    EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
    Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435

    As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.

    I'm curious to know, what recapture means, when it seems visas have not been lost.

    The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
    EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
    Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642

    So are we trying to recapture 271k visas from this calculation?

    If the experts could shed some light on this, that would be great.




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  • needhelp!
    03-12 11:06 AM
    Surely we know each other then!! :)


    I personally know Sandeep from his BE/Work days.
    Good job.. Yeah!



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  • rajmehrotra
    07-05 11:45 AM
    What has happened has happened. Maybe USCIS and/or DOS did goof up. Or maybe they really did want to reduce the backlog and use up all the available visas, and with all the good faith they could muster, worked themselves into a frenzy and on morning of July 2nd, they realized their blunder.

    All the talk of lawsuits and class action, IMHO, is just a gravy train by the lawyers and for the lawyers. We, the 485 filers will just extras in their lush production. What kind of remedy do we expect? The Visa Bulletin is ex cathedra guidance, but subject to revision, even if there is no precedent for such revision. There is no law that spells out the formulation of the monthly Visa Bulletins. It is merely an administrative guidance tool, no different from a train schedule, with all of its implicit caveats.

    Anyhow, hard as it is, we have to hunt for the silver lining in this episode. I think if this story got enough traction as a shining example of shoddy treatment of people who respect and follow the law, and contribute positively, in every sense of the word, to the well being of the United States, we will have it in play. Intervention from the Executive and Legislative branch could then be elicited. Individually, all of us should lay out our cases, respectfully and in good detail, to the Senators and Congressmen of our areas, to let them gauge the enormity of the problem at hand. This would be dream issue for the Senators and Congress people to attend to if it gains the critical mass. Doing whatever is required to right this wrong has no downside for any of them. They can even credit themselves for somehow rescuing a remedy out of the CIR fiasco. They can be the heroes here.

    The New York Times and The Wall Street Journal have already run the story. We need to build up on this. Even the Lou Dobbs and law-and-order types in the public arena can be roped in on this one. After all, we are trying to immigrate the right way, by fastidiously following the law, and dropping significant chunks of dollars all around while doing so.

    If our efforts lead to recapturing of unused prior-year visa numbers, a relaxation in per-country limits, a delay on the filing-fee increases, and perhaps some movement on the SKIL Bill, we will have a net gain.




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  • shana04
    08-05 03:12 AM
    Which number is used to call FBI?

    Please post FBI calling details here..

    FBI direct number

    304-625-5590
    press 2
    press 5
    press 3

    Customer Service agents answers the phone and would ask for your
    A # and SSN, Give her A# and SSN.
    She would confirm with Last and First Name and address.

    , this only tells your FP check is cleared or not

    CS lady told that FP notice have been sent to Immigration dept and today when I check my mail I got the FP notice.


    I have even asked about name check and she said she does not have any info on that.

    Then I asked her about my wife case. She took info and checked about her case too.

    Hope this info helps you.

    Good luck



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  • gcseeker2002
    04-28 05:50 PM
    Below is my understanding as I searched for answer sometime back.

    yes, you can change employer. You have to get into similar job. The only problem is your H1 extension. For that, the old employer should not revoke the I 140. You old labor should be valid until you finish the GC process.

    If anyone thinks othewise, letme know.
    There is a major thread in this forum about changing jobs after 140 and keeping old PD if we file new labor and 140 with new employer. Many people even confirmed this with their lawyers, now why is the issue of Ac21 not invokable coming up?? If you have approved 140 go ahead, get your 3 yr extension of h1b and transfer it to some other employer, only problem, you have to restart the process but will get old PD after labor.




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  • manishi
    11-16 03:46 PM
    I have applied for my 485 in July because then the PD's were current. Now the PD's are moved back . Does that i will get my GC delayed too. Does the processing of 485 is related to PD's . I thought the PD's are only related to the dates when you can apply for 485 not processing. Correct me if i am wrong.if PD's are also related to getting GC's then what the I-485 processing dates?



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  • Sakthisagar
    05-19 11:20 AM
    Who has told you that he is on H1B. He could be on L1B also. Anyone can qualify under L1B.



    TO NID

    I think it's best to get an evaluation from wes.org and then go to the university to know how many credits you can get through this evaluation.

    TO SUVA

    No body told me it's common sense dude.. look at his profile EB3 India.. Jun 03 waiting for I-485, best person is NID who can answer. I dont expect a clarification from you SUVA. becaue you are also ignrant about whether he is L1 or H1B??? right




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  • kosars
    10-02 05:39 PM
    Hi all,

    I just got the below update from the USCIS website regarding my case.
    Has anybody received this?.. What is the possible Evidence that they may be looking for?. Who receives such notice (Me or My lawyer)... Normally what response time would be given?... Please advise...



    Current Status: We mailed you a notice requesting additional evidence.

    we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.

    My friend got similar RFE for his wife and daughter. That was for a copy I 140
    and marriage certificate.
    What happened was he applied to NSC, got transfered to CSC got receipts for the all the applications. Then the 485 was transfered to TSC. The Copy of marriage certificate and birth certifiate for his daughter went with that went with that. When they were processing 765 and 131 they could not find them, so they asked for for more evidence.
    Hope that helps



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  • thesparky007
    04-22 09:37 PM
    here you go kirupa
    i put a price for it




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  • calif
    11-10 01:27 AM
    Have you done a fulltime MBA from India?

    I140 RD- March 02, 2007.
    RFE received date? - Aug. 16, 2007.
    EB2 or EB3? - Before RFE it was EB2 & requested EB2 change to EB3 while providing education evaluation in RFE response.

    Service center? - TSC



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  • redgreen
    06-06 04:20 PM
    Are you sure that one need not pay for EAD and AP after paying the higher fee once? Could you please tell me where did you see this information. It is mentioned at USCIS website that if you had paid the new fee for I-485, you don't have to pay a fee for EAD or AP, otherwise the fee for EAD is $340 and for AP it is $305.


    hopefully if we pay the $340 for EAD and $305 for AP for each person, we do not have to pay for it again until we get a decision on our GC.We just have to keep renewing these two without paying again..Please correct me if i am wrong.So its like pay one last time..hopefully.




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  • liberty
    10-25 09:23 PM
    Are the kids allowed in the office?




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  • sorcerer666
    02-04 08:03 PM
    There's thousands of threads that talk about porting. I don't think there's any need to re-iterate those topics again.

    Specially from the crappy source you had provided.


    Sachin, aren't you the OP of this thread. Since you have already read those thousands of posts why ask the question in the first place and then if someone is quoting a source and you are not willing to listen, then ignore the post. Why would you go on and start a fist fight.

    I think moderators should just remove such posts.




    rajeshalex
    03-17 11:06 PM
    This is normal. Preliminary processing means all documents are there and looks good. It doesnt mean it is complete. My wifes appln has been moved to MO with same message and I am the primary applicant. I got a mail yesterday saying my appln has been moved to a local office for interview.

    So the above means nothing but it looks good.




    sayantan76
    06-01 06:57 AM
    Hey dont you think there should be some minim qualifications before you could be filed for as manager, for eg:- MBA or something like that? The so called friend of this guy is not a manager but is going to be made into a manager just for the EB1 purpose. How can they do that. I believe this is a Indian consulting company!!
    I work for one of the largest companies in the world and my company has clear policies on work visas and who qualifies for a managerial visa and who does not! I do have an MBA degree and independently manage a $95 million business portfolio and have a small team as well.

    It is the propensity on part of some companies to stretch the definition of whats allowed and whats not that creates an impression that there is rampant visa fraud and these visas should be done away with/ made more difficult to obtain.



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