Thursday, June 30, 2011

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  • v2neha
    08-13 05:02 PM
    My lawyer received receipt notices for all applications filed at NSC today. Here are details:

    Package mailed: 06/29/07
    Received at NSC: 07/02/07
    Notice Date: 08/08/07
    Notices received on: 08/13/07

    This was a I-140/I-485 concurrent filing for EB3/India with PD Aug 03.
    9 applications were filed:

    I-140 (1 for self)
    I-485 (3 self/spouse/child)
    I-131 (3 self/spouse/child)
    I-765 (2 self/spouse)

    None of the money orders / checks have been cashed yet.




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  • rameshvaid
    11-19 08:41 AM
    No. Pls only focus on the specific message in the email you had sent. Do not send another email to the email you have already sent and have it be ignored again or take a different route in the messaging.

    Now you would want to call the office and talk about the points in your letter and ask why you did not get specific response to your suggestions. You wish to speak the legislative aide / immigration aide and discuss the issues in person rather than getting such automated messages that does not help you 'the constituent'. This is a serious issue for you as a constituent and would like it serious consideration by the office and discussion with you.

    Take the matter a notch further and raise it. Then contact IV to help you out with the next steps.

    I will try contacting them today and will keep u posted..

    Best..

    RV




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  • geevikram
    07-20 01:32 PM
    Pl don't make blanket statements such as this. BTW, I contributed to DC advocacy and many other EB3s also did the same.

    Fixing the language so that folks do not take it personally.

    looivy, Please have a conversation and don't turn this into a pissing contest.

    What the other post said is very true. We have 45000 members in this board, a significant majority of them are EB3. Even if 50% of the members 22000 (as an example ) contributed 25$ each, IV would have more than half a million bucks. With this money EB backlog plight could easily come out in mainstream media. Just because you, as a person, contributed does not mean all of EB people are contributing. Realizing our problem is the first step in solving it. Problem is people are not willing to contribute to IV, either their money or time, but want issues solved. Doesn't work that way..

    Again the original poster is correct in his statement.

    my .02$




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  • sunny1000
    07-08 05:58 PM
    In Fox News this afternoon, the senator has explicitly said that the Chicago lady does not have any "constituional rights" since she is not American citizen. Go figure what they think about us.

    The congressman is wrong.



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  • willigetagc
    08-23 02:34 PM
    My 2 paisa ( though it has no value anymore anywhere)

    First and foremost we have to realize that we are fee paying customers to USCIS. We have a right to demand better customer service. The reports and other kind of data they are releasing currently is an insult to the high skilled immigrant community. It is time we call out that the king (USCIS) has no clothes. They have been feeding us garbage disguised as reports and offical data. Anybody with a high school degree would say that the reports and data provided have zero value since they are not complete.

    How do we get the right kind of information from USCIS?
    Here are the steps

    a) Send letters to the Dept chief asking for the data we need and wait for 3-4 weeks for a response. ( Data we should ask for, apps pending with PD's and EB category for every month starting from 1998)
    b) Send another letter to the President and copy USCIS chief on that. Wait for another 3-4 weeks
    c) If we do not get any satisfactory information after the previous 2 steps and 2 months of waiting, we should do a relay protest in DC and in front of all the USCIS centers until they provide us with the exact data.

    By doing this we woould have put enough spotlight on USCIS and also our problmes would have got enough coverage in the media. From here we can try and work with the various agencies to push for our other agendas. Now we will have a clearer picture of what the situation is and ask for the right things. At the same time the agencies will have the better information with them to look in to our issues.

    Comments are welcome.

    CIS is answerable to nobody. While they will be more responsive to complaints and suggestions at a broad level, individual case processing is something that can't be controlled.

    It is a problem of ridiculous amount of power in the hands of people who can't handle it - the IOs. They can do anything. It is not hard for them to justify saying the older cases are complex, whereas in reality, it might a case of plain laziness to go fetch the case files.

    So, if they are processing at random, there is nothing we can do except zip up, pray and wait for luck to turn our way.

    my $0.02 worth.




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  • stldude
    08-13 03:10 PM
    Guys
    Just saw my cheque cashed.. I think it got transferred over to TSC. I sent to NSC on Jul 2. And yes i had LUD in my I-140 as 7/28



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  • csvinay
    07-10 12:39 PM
    Shipper: DHL.
    Order Number: FNL1792925




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  • smuggymba
    07-20 10:34 AM
    IV could not even collect 20K in the Washington DC drive. I hardly saw EB3 folks contributing (based on my observation, I might be wrong so take it easy). If every EB3 person contributes 50USD, it will be enough to run a campaign. Action is the key, not posting in forums. Hope we get out of this EB2 vs EB3 and as focus on visa recapture.



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  • factoryman
    06-05 10:20 AM
    The question is: Is he milking you or your your company? LOL and UDD.

    UDD for use due diligence.

    My lawyer will file today under premium processing. I will let you know, if my Lawyer becames a notice.




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  • sparklinks
    09-03 11:31 AM
    My EAD renewal is pending as well - RD 6/18 - present EAD expiring on 9/25. I requested expediting processing on 8/13 and received a letter yesterday saying they are reviewing my request and will have a decision in 60 days : :rolleyes:

    We CANNOT do any thing, when I called USCIS, IO said they can't do either.. wait for 60 days. BS



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  • kevin08
    02-11 09:59 PM
    Sent $20 check today.

    Folks, please consider contributing to the campaign.




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  • conchshell
    05-11 08:49 PM
    Its amazing how this community reacts to these set backs. For last few months I have been consistently seeing people with EB-3 complaining and pleading to the community to come together and join hands to eliminate the country cap. But most of the words fell of dumb ears. Most of the EB-2 members did read the pleads and requests, but did not bother to take and concrete actions or even comment on it.
    Now that the EB-2 is regrogressed to 2000, suddenly all the EB-2 members jump in. What happened, friends?
    This is plain selfishness - on the part for few lil stratured people. They should be ashamed of themselves or even to comment on these forums and come up with ideas.


    You got it just right. Dear friend, this is the truth for immigrant community. Everyone here stands for their own GC, how can we expect others to fight for you. So as and when USCIS hurts different categories, people come here and form a loosely coupled organization.



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  • gc28262
    07-19 07:56 PM
    My thoughts:

    I understand and share the despair and hopelessness felt by EB3 guys.

    Unfortunately when Visa bulletin comes out and when EB2 progresses, we EB3 guys are suddenly aware of our plight and switch to action mode. After a while this enthusiasm fades away till the next bulletin. These emotional responses won't get us anywhere. If we need to get our issues resolved, we need to work on a consistent basis irrespective of the visa bulletin status. We all need to take more active participation in IVs action items as well as contributing to IV efforts as much as we can. IMO signing up for contributions is the easiest thing to do.

    Spillover issues:
    Upto 2007 these spillovers were coming to EB3. Some folks analysed INA and figured it out that USCIS/DOS was interpreting spillovers incorrectly and that it should flow across. So they contacted USCIS with their findings and argued for their cause. Since then USCIS/DOS interpretation of spillover interpretation changed. Remember these folks did a thorough analysis of the laws and then approached USCIS/DOS. So to change it the other way you have to have a solid legal basis. Writing to lawmakers just out of frustration will not help. If USCIS/DOS is interpreting spillovers correctly as per law, there isn't much anyone can change it without a legislative change.

    If we have to go through legislative path, there are easier fixes that can be achieved by legislative fixes like visa recapture etc. That is the reason, IV has planned a long term strategy to end retrogression for all categories. We all need to participate in these action items, contact lawmakers etc with our issues.

    Here is an official IV discussion about spillover rules:
    ImmigrationVoice.org - USCIS data analysis (http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36#_Toc246743452)

    Visa spillage rules
    There is a supply of 140,000 permanent visas in the EB category for a year. EB1, EB2, EB3 have an equal share of 28.6% or 40,040 visas per year. There is a 7% cap per country on the overall legal immigration including family and skill based. This amounts to 25,620 visas for a single country in EB category. There is a rule to cap 27% of a category in a quarter. So in the first quarter only 10,811 (rounded) visas can be given in any of the categories.

    If the supply exceeds demand capped by per country, then per country quota is relaxed to the matching ratio of family based approvals. For practical consideration, it means that the spillover visas beyond 25,620 to a single country can’t be given in the first 3 quarters. The last quarter spillover will need to be first in first out for all the retrogressed countries. This should not limit immigrants from other countries to use up their quota.

    Following is the rule from INA Section 201to maintain ratio. There is a different section to override this logic in the last quarter of any calendar year.

    (e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that

    (1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);

    (2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and

    (3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).

    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).

    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).




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  • GTGC
    09-14 11:27 PM
    Chandu - I understand where you come from with your vast experience here. Like i mentioned i am totally new to this site and i am not JUST opening a thread. WE are going to do it. If making the 70k talk is joining the chapter, so be it. Nothing stops us.

    Wouldnt have opened the thread just for the heck of it.

    Next step is to collect personal informations, see who are nearby meet them in person, arrange conference calls, let the ball rolling

    I totally agree with you! We should energize the local chapters and organize some happy hours and get the word out!

    I am willing to help out reach out members in my state/area. Please keep this thread going...great initiative!!



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  • sanjeev
    06-22 01:50 PM
    A Employment letter is mandatory for I-485, the letter has to state that the job position is still available. Refer the below link from USCIS website

    http://www.uscis.gov/propub/DocView/afmid/dat/I_485.PDF

    Well, just say that you will bear ALL expenses associated with filing I-485. That way the only expense for the employer will be a few cents to photocopy and give you the approved copy of I-140.

    If you can get the employment letter as well, that's awesome. Otherwise, just use two recent pay stubs. And for those who are going to jump in and say, "No, employment letter is absolutely required...", well, it is not. It's good to have one in case USCIS want it, but not mandatory.

    Thanks,
    Jayant

    P.S.: I am guessing the net financials of your company must be $5000/year otherwise I don't see how paying for your I-485 affects the company's bottomline! :-) Of all the BS, this excuse is a winner!!




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  • newbee7
    07-07 08:23 PM
    All officials have talked about processing 60k visas in a month to avoid visas going waste.
    None was honest enough to say the unused visas expire on 09/30 NOT 06/30.
    So, why the mad rush to give out all visas by 06/30?? We all know why..



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  • Daisy
    06-08 01:52 PM
    My lawyer is taking his own sweet time to apply. It is frustrating. Do you guys think that there is any chance that they will stop taking 485 applications at some point before 30 june? Please reply...we are worried.




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  • EADplease
    09-11 04:45 PM
    Congratulations, mine (485 and 765 for my husband) was received by TSC on July 24th but no receipt, no checks cashed nothing yet. It seems TSC is really slow in receipting the applications. My husband needs to travel abroad soon and we're anxiously waiting for the receipt...

    My applications ( I-140; I-485; I-765) were mailed on July 27th to NSC and they had acknowledged received on JULY-30th as per the mail delivery confirmation.

    Today I recieved a note from my lawyer that the receipt notice has been issued for all of my applications.

    Phew that was a relief as I was about to leave to India soon and was worried about travelling without the receipt number.




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  • mmk123
    11-18 07:19 PM
    action item done by me and my wife.




    mrajatish
    05-02 10:54 AM
    Stupid question, but I am sure it is in the minds of many others -
    1. When, if at all, will this be heard in the Senate given the current immigration imbroglio?
    2. Will the house have a similar bill?




    gcbikari
    04-25 01:50 PM
    [QUOTE=gcbikari;242385]Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.[/QUOTE

    as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.

    Thats good news. I think the attorney I met represents more of employers and so very reluctant on mine. I believe I still have hopes, I will look for a good attorney again to get mine reviewed.



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