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Saturday, June 18, 2011

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  • ak27
    01-22 11:01 AM
    Hello Indirant,

    Would you able to pick couple of initiatives mentioned on my post...

    and let me know your emailid, I will also add you to our google group





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  • edgarrecto
    02-21 05:26 PM
    how about eb 3 priority date for philippines? mine is september 27,2005. any predictions?





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  • jchan
    02-19 02:57 PM
    You guys are really making me laugh by having this less than and longer than 5 years arguing. If you've been on this forum long enough, you'll know the chance of this bill passes will be next to nothing.





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  • johnwright03
    07-01 09:38 AM
    06/30/2007: Potential EB Visa Number Exhaution in July and Probable Actions of State Department or USCIS

    * By now, people understand that the sources of potential action by the State Department or USCIS are predicated on the two important facts. One was the information from a government source that there were only about 40,000 numbers left for the entire EB visa numbers for the FY 2007 which ends on September 30, 2007. The second important fact was that reportedly the USCIS alone had far more than 40,000 I-485 applications in the backlog queue that were reportedly ready for approval. Considering the fact that the immigrant visa numbers are consumed by the approval of I-485 applications by the USCIS and the approval of immigant visa applications in the consular processing by visa posts througout the world, 40,000 visa numbers could be fairly quickly exhausted in early July 2007. This prediction was exacerbated by the information that the USCIS was apparently picking up the pace of I-485 adjudications lately.

    * Obviously the State Department has been in communication with the USCIS and was well aware of the situation. Sources reported that the State Department might revise the July Visa Bulletin either Monday or Tuesday to reflect the situation. However, it is unclear at this point whether this will occur on Monday or Tuesday or, for that matter, some time soon, particulary considering the ongoing uproar in the nation. Assuming that the EB immigrant visa number will be exhausted before the end of July, from the government perspectives, they may have two options to handle this matter. One is the State Department revises the Visa Bulletin based on the newly developed facts and predictions. The other option is that the State Department does not take any action of revising the Visa Bulletin but just notify the USCIS when the visa numbers for certain categories are exhausted. The initial sources of rumor was the former possibility. However, as updated by the AILA afterwards, it might or might not happen.

    * Whether the State Department revises the July visa bulletin or not, the fact will remain that 40,000 numbers could indeed be run out in a fairly short period of time in July. It is too obvious that under the statute, when the visa numbers are exhausted, the USCIS will not be able to approve any I-485 applications, and for that reason, the USCIS may wrongly reject the incoming I-485 applications or return I-485 applications which were received after the date when the visa number is exhausted. This happened for the "other worker" category in June when the priority date was current in June for certain other workers. The issue of legality of such action of the USCIS is rooted in the required distinction of the USCIS statutory mandates between its job of adjudication of 485 applications "already in the pipeline" and its job of "accepting new 485 applications." Arguably, when the visa number runs out, there is no question about that the USCIS should not and cannot adjudicate and approve any 485 applications. But there is no legal basis that the USCIS should not and cannot "accept" new 485 applications when the cases fall within the cut-off date of the monthly visa bulletin. If the State Department attempts to revise the July Visa Bulletin, probably they are doing it to overcome the predicament of the USCIS that will face in rejecting the new 485 applications. The problem is the State Department's own legal problem or authority to revise the published Visa Bulletin. Accordingly, either USCIS or State Department will be liable for either abuse of power or arbitrary act depending on who acts. The AILF is planning to sue the USCIS for rejecting "other worker" new 485 applications in June probably on ultra vires or other statutory authority grounds. Should the same thing happen in July, the AILF intends to extend its lawsuit to cover the July 2007 485 applicants, probably in the form of class action. What happens if the State Department revises the Visa Bulletin and the USCIS rejects the new applications based on the new Visa Bulletin? Strictly speaking, there may be no cause of action against the USCIS in that it followed the State Department's Visa Bulletin for the month of July. In this case, probably the lawsuit will have to be directed to the State Department for violation of law in revising the visa bulletin. We will soon find out.

    * Where does this leave to the July 485 applicants? Fact remains that all likelihood, the annual limit may reach fairly early in July and they should file their cases before the visa posts and the USCIS exhaust all the numbers. They have to do this probably for the two reasons. One is that should the government take the second option of rejecting new cases after reaching the limit just as we experienced in the other worker cases, those who filed the I-485 application before that date will not be affected. Those who files the application after the date of exhaution and receive rejection of the 485 applications may be entitled to sue the USCIS either in a class action or individually. Secondly, if the government takes the first option of the State Department revising the July Visa Bulletin, they will have to sue the State Department and for that purpose, they should have filed I-485 applications within July 2007. Otherwise, they may have a standing to sue the State Department.

    * For the foregoing reasons, we urge the July 485 filers to file the applications as soon as possible. At the same time, we urge the State Department and the USCIS not to take any actions to avoid the lawsuits. They should keep accepting I-485 applications even after the enhaution of the FY 2007 numbers, even though they will not be able to adjudicate these applications until the visa numbers become current again. Again, the agencies should distinguish the requirement for adjudication of 485 applications and the requirement for acceptance of new applications. These are two separate things.



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  • Macaca
    07-17 09:19 AM
    Here is an example where they use person on H1b as an example. I'm giving the link as the explanation is long. Just look at example 10

    http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html

    Please post IRS/USCIS/DOS/DOL/... link that requires H1B's to pay ALL taxes. We still have to prove that all H1B's actually pay ALL taxes. Thanks





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  • rayoflight
    03-09 04:54 PM
    I just called my congressman office and explained the sitatuion. The aide asked me to call the legislative aide in the Capitol Hill to discuss about changes. She said the congressman understands the importance however the political fraternity is currently trying to resolve the financial crisis and Immigration Reform is the last thing on their mind.

    When I asked her honest opinion about visa numbers being released she did suggest that if you can join an immigration group with a good lobbying firm it can be a possibility that Congress can approve a 'piece-meal' bill releasing visa numbers by moving numbers from unused categories and/or unused from past years.

    Again the emphasis was "Group focusing on Legal Immigration with a good Lobbying Firm".

    Administrators, Senior Members and All:

    I think it is the time to plan something big as 'Saburi' mentioned and bring our issues to their attention.

    Please count me in for any rallies / organizing help.

    All IV members please weigh in your thoughts.

    Thanks,
    Rayoflight



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  • optimist578
    01-31 01:44 PM
    If one gets an H-1B approval now (Jan/Feb), can he start working right away? Or does he have to wait till the start of fiscal year, October?





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  • ArkBird
    02-19 05:34 PM
    I wish congress spends atleast 10% of the time our fellow IVans are spending here to discuss this bill!



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  • tinku01
    02-20 03:02 PM
    these type of posts keep you moving with this GC Process. Mine is EB2 June, I hope it would also become current in coming months.:p





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  • Khujaokutta
    03-10 07:40 PM
    I too agree that the flood gates will open soon...only that the gurkha who controls the gates is opening them so slowly that every bullietien there is no change or miniscule change.

    We need to get the watchman to open the flood gates....:D...otherwise we will be saying this even after one year...that the gates will open soon.....when actually they open so little that its like a RAMSAY horror movie (Bandh DArwaza or something)



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  • dealsnet
    08-21 11:14 PM
    Nobody get any advantage from your situation. We are all very sad about your situation. Even legal IV members are forced to go home after loosing their job and after 6 years in H1B.
    You are here come not in any work visa catagory. Not even in NAFTA.
    You file your I-485 at the time of July 2007 visa fiasco.
    USCIS got 1 million application at that period. So they didn't made much scrutiny your application. If at normal time, you may get a fast RFE and subsequent denial.
    Because of work load it was not happened. I have read all of your previous threads in IV (REGARDING FINGER PRINT ETC). Your case is diffrent with the people here.
    You are ignorant regarding immigration. You have acess to comuter. Google it and get info.

    You are telling about I-485 only.
    YOU ARE NOT TELLING ABOUT I-140 (EMPLOYMENT BASED) OR I-130 (FAMILY BASED)
    IF you are not filed I-130 or I-140 at the time or before I-485, your petition is invalid.
    Except EB1, almost all EB based GC need labor process.

    If your I-94 date is expired and you are not extend it or change to any visa catagory at the time of I-485 filing, you are illegal. IT IS THE HARD TRUTH.
    USCIS will not adjust the status, if the petitioner is not legal at the time of I485 filing.
    After I-485 filing I-94 expiry is not a problem.
    Canada is next country. Why you didn't go back and come in NAFTA or other visa catagory ?

    Thank you to those of you who were kind enough to respond with helpful information and some understanding for my situation. I do appreciate that much.
    And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
    They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
    No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.





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  • tikka
    07-02 08:20 PM
    I put in $100 today to fight for our cause

    for your contribution:)



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  • nandakumar
    12-27 06:07 PM
    There are couple of postings in Murthy.com

    Please participate so that others can view and potentially could become members of IV


    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=7141062241

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=5171092241





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  • angelfire76
    05-26 05:47 PM
    Yeah CBP is made up of the most xenophobic people I've met. Even on the Canadian border, as Mexican border it's understandable.
    If Mexicans get ill-treated then the Hispanic groups will yell "racism", but if we do, our fellow PRs and US citizens will look down at us from their perch and say "Follow the law/process". No wonder it's open season on us.



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  • ChainReaction
    12-12 12:57 PM
    Guys I have a basic question if filing for 140 and 485 concurently is rule that uscis can change.. why cant they change a rule to file for EAD and AP after 140 is approved. Since these two are seperate all together from 485 anyway, all we need is filing these two. and 485 can filed when numbers are available.

    And also if the FBI name check can be done during or after the i-140 stage as the labor market is already tested and the employer has/had committed to hire the alien (One of the major factor contributing to this is the retrogression ,which can be reduced substantially at the name check stage) . At least the name check can be taken care of while people are waiting for their PD to become current?





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  • chanduv23
    03-09 12:31 PM
    VDLRao is ONLY a stress reliever - not to be taken seriously.
    I am surprised that the community still does not realize the gravity of the situation and still thinks and plays the "positive attitude" game on their own lives.

    Hello - economy is tanking and right now, we cannot see any positive movement in near future.

    Please be prepared to protect yourself from job layoffs and immigration challenges rather than sitting and playing the predictions game



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  • Green.Tech
    03-05 10:14 PM
    I always believed that everyone out here is atleast a grad with a degree. Isn't it what the minimum requirement for EB Category 3 ?

    Correct me if I am wrong.

    Undergraduate degree = Bachelors
    Graduate degree = Masters





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  • waitin_toolong
    10-03 01:52 PM
    that is the only ption to continue L status..but remember u can not use h1b ..and u have to apply again for h1b in next year quota....

    wrong there, once counted against cap she is exempt for 6 years. she can use this approval if working for same employe get it stamped and enter on H1 any time. Or apply for COS with any other employer sponsoring H1.

    To answer the original questions only two options.

    1) depart and reeneter using L1
    2) apply for COS (but a long process)





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  • yabadaba
    08-15 04:35 PM
    Please link it.
    read the bulletin!





    hara_patta_for_rico
    07-09 07:05 PM
    I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.

    DOS Reg 22 CFR �42.51:

    (a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
    (1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and

    (2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.

    Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf


    Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?

    Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?

    PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)

    Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.


    Clause B is not the only thing. In any quarter they are not supposed to issue any more than 27% of 140,000(100%) = 37800. according to Clause A. After June 15th they issued 140,000 - 66000 = 74000. What about the last quarter quota of 37800? Where did it go? It was not supposed to be used before July.





    MDix
    03-11 10:59 AM
    The problem with this guy is he has got his GC and now he doesn't want anybody to have it. Basically he enjoys when people are having of pain. That's the reason he doesn't want any progress in PD's. Dude, if you don't like if people are talking about positve things such as "PD becomes Current" then my humble request to you is just stay-out of any converstations.


    See here this guy is also saying the same thing what my lawyer has predicted.
    http://immigration-information.com/forums/showthread.php?p=28881#post28881



    >> Once they (USCIS) reached last quarter then they(DOS) will make EB2-I/C current and distribute those spill-over visas across EB.

    Thanks MDix.

    You have no idea. Have a good day, sir!

    ______________________
    US citizen of Indian origin



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