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  • alterego
    03-16 12:44 AM
    A few things.

    Ignoring folks who are full of themselves is the best way to make them go away.

    There are many reasons why people with priority dates before 2004 are stuck in queue. Some I can think of are:

    1) Backlog labors that were completed as recently as late last year.
    2) Background check stuck applications.
    3) Labor Subs which were allowed as recently as last summer.
    4) EB3-EB2 cases, where PDs are transferred.
    5) Other applications that cannot be approved due to time specific requirements such as physician NIW cases.
    6) Some cases that just slipped through the cracks of USCIS inefficiency.

    Many of the above causes are being/have been addressed, however their impact will be with us for some time yet, unless there is a visa recapture legislation to make up for the unused visas.





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  • deepakjain
    05-26 05:58 PM
    Driver License issued till 2007 were not based on immigration [i797 or I94], I was issued driver license for 7 years...

    Now a days DMV is asked for I-94 and I 797 or EAD card validity at the time of License renewal....

    Tax return documents are also not a reflection of your immigration status or validity.

    Many of us get confused on Visa Stamp on passport and Immigration status.

    Visa Stamp is to let anyone cross the border and I-797 is a document which tells your immigration status. I might have a expired Visa on my passport but have a valid I-797.

    If anyone asks you about Immigration Status it is advisible to show I-797 rather then anything else.





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  • ns007
    12-28 08:36 AM
    How do you get time to post all day long on IV.org?

    I would love to have your job. Making 140K for browsing and posting on IV.org !!!

    Kidding !!!

    I am on page with you. I did it 3 weeks back. Now I am starting the whole labor at the new company , making almost 140K (60% more) with a fortune 20 company . Good position and happier......

    I did the same and didn't hung up myself on GC .... life is more than GC let us live our life.





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  • nomi
    12-12 04:57 PM
    All of the documents in this link are written by
    "Micheal Aytes /s/,
    Acting Associate Director, Domestic Operations
    U.S. of Citizenship and Immigration Services
    Department of Homeland Security"

    I wonder if he is the person we should be talking to. Although the document does not indicate which city he works in. He should at leats be able to tell us who in USCIS makes these decisions if he is not the right person.

    Also I was not able to find anything about not allowing concurrently to file 140/485 applications. Where was this information published? Does anyone know?



    12/11/2006: USCIS Considers Termination of Concurrent Filing (140/485)

    According to the USCIS rule-making agenda, the USCIS is to propose to terminate current concurrent I-140 and I-485 filing. The proposed rule is scheduled to be published in March 2007 with 60-day comment period. It is thus not imminent, but in the later part of next year(Oops!), the immigrant community may see a totally different filing procedure including electronic registration and filing just like current PERM labor certificaiton application procedure. Once the concurrent filing is terminated, the immigrants may experience a terrible pain as related to maintenance of nonimmigrant status pending I-140 petition, eligibility for 245K benefit, plus unavailability of EAD and AP pending I-140 petition, AC-21 180-day portability, etc. etc. Should the I-140 petition processing be dragged, the pain will be extremely unbearable

    http://www.immigration-law.com/



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  • DSLStart
    09-10 02:33 PM
    curretnly debating on HR6020 about illegal immigrants.





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  • rajuram
    11-14 09:33 AM
    Totally agree, very nicely put. They will hear - listen if we present ideas that are pertinent to the existing situation. Nothing more pertinent than the housing mess. No one cares about old jaded ideas like "high talent" etc.

    Can people in California approach Zoe Lofergens office with the idea?

    On my part I will start sending letters and emails to the law makers.

    Some one in the core has to take the lead and give some direction to this effort......

    Do not regret if six months from now the housing crisis has cooled a little, no one will listen to us then. We would have wasted another chance. Do not take it for granted that now Obama is in office, he will do smoething about our problems.

    all I can say is that now most economists say that housing is key to rescuing the economy and faster immigration is key to faster recovery. this is the key point in the present scenario ..people will give scant respect if we try to use other issues -namely by saying that legal immigrants are suffering or US is losing high talent ..they will just say the whole US is suffering - why should we care about yr problems.
    but if we push faster immigration of people who are already here legally as a small way to solve the housing crisis then it will definitely stand a chance -
    (please note - no distinction between those who are renting and who have a house already - this makes most sense. this is helpful to those who have purchased a house - since getting gC faster means that they have additional peace of mind)



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  • grinch
    02-14 04:44 PM
    thanks soulty for the ideas!

    Well guys, lets start submitting shall we?

    and the battle is currently OPEN





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  • coopheal
    06-11 09:27 AM
    Sent this morning.



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  • kumarc123
    10-15 07:23 PM
    To all my IV Members,


    I agree with the fact of Gandhi protest #2, this is the right time, we can start another flower movement, this will help in two ways.



    1. Will put pressure on congress to honor the high immigrant bill in duck session.
    2. We will get attention and the next upcoming president will know, we are hurting.


    Listen guys, I am not here for a popularity contest, I am hurting like you guys. I am tired of making those long list numbers. The result? Well nothing, I am sorry it may hurt some members, but the truth is nothing happened, we were put aside like a rotten paper.

    We have been passive for long now, lets be activist.


    Let us all, do Gandhi campaign again, we can get a lot of publicity from not only media channels over here, but from Indian network as well. This will put more pressure on congress and USCIS.


    Also IV members whoa re confused on what and what not to do, please I request you all to support another big movement.
    Please lets not waste any more time in discussion, or questioning each others intentions.





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  • Administrator2
    06-11 01:35 PM
    If you really believe that this bogus bill will become a Law, then also see the real picture, that is why I posted the other Ifs.

    This Bill is titled as "Employ America Act". By having the GC, you are not an American. If you do not know the rule here it is, GC is a "Privilege", and it is not a "Right". So if this Bill passes all these people with alerady having GC will also need to pack their Bags and Go. That is the reality, dude.

    So again and again do not fall over it. If you respond to this Bill, and Vote "No" against it, you are trying to send wrong messages to the originators of the bill, that we are scared. Why you guys are making everyone scared, when there is nothing to be scared about.

    Look I don't want to say this to you but I am left with no other choice. When CEOs such as Steve Ballmer and John Chambers are personally calling the Senators because they think this amendment is a real threat, it will be least of our worries what opponents would think about us getting scared. We are not scared, we are simply making our voices heard. If we were scared we won't be doing this.

    Now, you have no freaking clue of what is going on behind the scenes, this is your third post in this forum and all these posts in opposition to our action item which we are coordinating with other coalition partners. Why do you think you know more than the folks who are right now speaking with the Senators?



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  • chanduv23
    02-18 10:07 AM
    Guys,

    1. I live in Cary and planning to drive to DC on Apr 04/05. Open to car pool.

    2. I just came across this forum and made a small $50 donation. ( More later on how things work out) . I still don't have access to Donor forums. I did mail StarSun my unique#.

    inputs appreciated.

    Awesome, way to go. Invite your friends, bring your colleagues.





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  • vik352
    07-01 11:35 PM
    I talked to my Professor where I did my masters and he agreed to sign the online petition. He is one of top researchers in his field. Imagine if we can get signatures from such great . Professors, outstanding Scientists, CEO's and Directors of big companies, Journalists (like the one who wrote nice article in Washington post about legal immigration) and probably Bill Gates. This would create great attention for our cause. They are lots of people out there who support legal immigration and its time to bring them together and show it to the world in a petition.


    If anyone thinks this is a good idea, can you just leave a message saying that you support it. At least we know how many people are interested in this forum.



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  • gimmeacard
    07-13 05:08 PM
    hoping we dont see another retrogression





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  • pappu
    07-01 10:22 PM
    Info on the lawsuit by AILA:
    ==============
    USCIS VISA BULLETIN/
    VISA AVAILABILTY LAWSUIT
    Frequently Asked Questions about Participating in this Lawsuit
    AILF is considering filing a lawsuit in federal district court against the U.S. Citizenship and Immigration Services (USCIS) over its rejection of otherwise properly filed adjustment of status applications for the alleged reason that a visa was not available, even though the Visa Bulletin from the Department of State (DOS) states that a visa was available at the time of filing.
    Any foreign national who is otherwise eligible for adjustment of status and whose adjustment of status application has been or will be returned or rejected solely on this basis may be eligible to be a plaintiff in this lawsuit. If you are considering being a participant in this lawsuit, you may find the following frequently asked questions and answers helpful.
    Q: What is AILF?
    A: The American Immigration Law Foundation (AILF) is a non-profit organization dedicated to protecting the rights of immigrants and refugees and to securing fair and just application and administration of the U.S. immigration laws. In order to achieve these goals, AILF sometimes files lawsuits involving various aspects of immigration law.
    Q: What is this lawsuit about?
    A: This lawsuit will be filed by plaintiffs who have been harmed because USCIS rejected or returned or is expected to reject or return a properly submitted adjustment of status application for the alleged reason that no visa was immediately available even though the DOS Visa Bulletin states that a visa was available at that time.
    To be eligible for adjustment to lawful permanent resident status, a foreign national must show that a visa number is “immediately available.” USCIS regulations state that the DOS Visa Bulletin is used to determine whether a visa number is immediately available. This Bulletin is published once a month and lists the visa availability dates for all categories of immigrants for the following month. Thus, for example, the July 2007 bulletin, listing visa availability dates for the entire month of July, was published in June 2007.
    AILF has learned that USCIS has refused to allow certain adjustment of status applications to be filed even though the DOS Visa Bulletin states that visa numbers are available for the immigrant category at that time. USCIS rejected these applications because DOS informed it in an internal communication that no visa numbers remained for that category of immigrants. To date, this has happened only in the employment-based “other worker” category. We anticipate that it may happen in a number of other types of employment-based immigrant categories beginning in July 2007.
    We believe USCIS violated the law when it failed to apply the visa availability dates listed in the Visa Bulletin, as required by a federal regulation, and instead rejected properly filed adjustment applications. Through this lawsuit, we will challenge the rejection of adjustment of status applications on this basis. We will ask the court to order USCIS to accept the rejected adjustment applications and treat them as being filed as of the date they originally would have been filed had USCIS not rejected them.
    Q: What is a “plaintiff” and how do I know if I am eligible to be a “plaintiff” in this lawsuit?
    A: A plaintiff is a person who files a lawsuit against someone else. We are still determining the categories of plaintiffs but an eligible plaintiff for this lawsuit may include:
    [other worker category]
    A foreign national who:
    Submitted an adjustment of status application in the “other worker” category for receipt by USCIS in June 2007; and
    Is otherwise eligible for adjustment of status; and
    Did not receive a receipt notice, cancelled check, or notice of approval of the adjustment application.
    [other employment-based categories]
    A foreign national who:
    Submitted an adjustment of status application in any employment-based category other than “other worker” for receipt by USCIS in July 2007; and
    Is otherwise eligible for adjustment of status; and
    Did not receive a receipt notice, cancelled check, or notice of approval of the adjustment application.
    Q: Why should I be a plaintiff in this lawsuit?
    2
    A: If the lawsuit is successful, USCIS should accept your adjustment application and treat it as if it had been filed as of the date that you originally tried to file it. Because your adjustment application will then be considered to be pending before the agency, you may be eligible for interim benefits, including an employment authorization document, advance parole, and others.
    What the lawsuit will not do is make a visa number immediately available to you if none is available. If the visa numbers have in fact been used for the current fiscal year, the court does not have the authority under the law to make a new number available to you. However, if the court orders that USCIS accept your adjustment application as of the date that you originally tried to file it, you will be at an earlier place in line when visa numbers become available again in the next fiscal year, October 1, 2007. Additionally, as mentioned, you may be eligible for interim benefits while you are waiting.
    Q: What is likely to happen because of the suit?
    A: Lawsuits are uncertain by nature. We cannot predict the exact outcome. However, other efforts to resolve these problems with USCIS have not succeeded. For this reason, we believe that a lawsuit is the only remaining possible way to resolve these problems.
    Q: Will being a plaintiff in this lawsuit hurt my chances for permanent residence?
    A: If an individual is otherwise legally entitled to have an application granted, the government cannot lawfully deny that application on the basis that the person is participating or participated in a lawsuit. If we believed the government was taking such action, we would complain to the lawyers representing the government and to the judge handling the case. In our experience, this retaliation has not happened.
    Please be aware, though, that USCIS is likely to examine plaintiffs’ adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding “discovery.”
    Q: How much time must plaintiffs spend on this lawsuit?
    A: Plaintiffs will have to provide us with the information and documentation we need in order to prepare the lawsuit. AILF will do most of the work in the lawsuit on paper. Depending on how the case proceeds, the government and its attorneys may want to ask the plaintiffs some questions about their case, either through written questions and answers or in person. This is called “discovery.” One type of discovery is a “deposition,” which is an interview where parties are asked questions about their cases.
    Depositions are possible but not common in this type of case. In the event that discovery and/or depositions were required, an AILF attorney or an attorney working with us would assist plaintiffs to comply with any discovery requests, and would appear with plaintiffs at any deposition at no charge (see below). At a later stage, a plaintiff may be required to be present at
    3
    a hearing or a trial and possibly be asked to testify about their particular case, but this is quite rare.
    Q: Will it cost me anything to be a plaintiff in this lawsuit?
    A: AILF and any co-counsel will not charge any attorney’s fees for representing individuals in this lawsuit. AILF and any co-counsel also will pay the costs and expenses associated with the lawsuit, such as filing fees, copying, long distance calls, travel expenses for AILF attorneys and staff, depositions, transcripts, etc. In the unlikely event that an individual should be required to be present at a deposition, hearing or a trial, we may ask that he/she pay their own travel and lodging expenses, if any. Those expenses would be reimbursed if the lawsuit is successful and we recover costs.
    Q: Will anyone know that I am a plaintiff in this lawsuit?
    A: Lawsuits are public information, and are available as a public court document. Many courts now have lawsuits and other documents available electronically, accessible via the internet. Also, USCIS will, of course, know the identity of the plaintiffs. We also will discuss plaintiffs’ cases with any other lawyers working with us on the lawsuit. It also is possible that the media – newspapers, radio, or TV reporters – will see the court documents and decide to do a story on the lawsuit.
    Q: What should I do if I am eligible and interested in being a plaintiff in the lawsuit?
    A: Please quickly submit the Questionnaire for Potential Plaintiffs and send us the documents requested. If you do not have the Questionnaire, please send an email to visabulletin@ailf.org, and we will send it to you. You may also fax a request to AILF LAC at (202) 742-5619. Please indicate this is a question about the visa bulletin litigation.
    If you have any questions that are not answered by this FAQ or the questionnaire, please send them to visabulletin@ailf.org or fax to (202) 742-65619, and we will respond. Thank you!
    ===============



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  • pcs
    11-13 09:08 AM
    Guys... little fruits are like ration in a big march. .... that is VISA recapture etc...

    Spill over,... Simimilar job etc are low hanging fruits..... we must try to pick them ....else we wont have the energy and momentum to go for a VERRRY LONG march ahead of US...

    Good leaders do not lead a tired and hungry force...

    I have already started sending letters to Napaleto at USCIS...

    Guys just send letters with a CUT PASTE of the rule....





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  • nojoke
    03-01 04:06 AM
    Unfortunately, Obama is not changing much. The mortgage bailout is just a show. Almost irrelevant.

    They are throwing good money into a black hole.:mad:



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  • gc_on_demand
    05-06 03:30 PM
    I got a reply from USCIS saying that they can process the request sorted by priority date and country of birth of the applicant. Processing time will be around 15 months and that they have got their answer on priority date.

    what are the next steps?

    I dont think we should relay on their 15 months time line. Its too late. I am sure in coming 15 months whole immigration system will be changed. May be we will see point based system or something different. And at that time information will be no use. They are smart that is why they gave us 15 months. They will wait for 12 months to Congress to do something and then if nothing happen they will write SQL query in last 3 months.





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  • 485Mbe4001
    07-11 03:35 PM
    thanks. now wonder EB3 -I is screwed. I just need to apply in EB2.

    Previously, the policy was that all worldwide numbers would fall down into worldwide third and then from there, fall across to the countries impacted by retrogression (i.e. India, China). The policy was recently clarified and today the unused numbers are allocated within the same preference classification.





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  • sandiboy
    07-24 01:22 AM
    is she using her own FAQ? USCIS FAQ has different question at Q9.

    Yes this is the lawyer's own FAQ i was referring to.





    sheela
    07-13 08:53 AM
    Let us see the approvals trend till october. I am guessing the PD will move back to MID 2005 or 2004 by October for EB-2 India.

    I don't agree. It will stay same or forward in small increments with new fiscal yr numbers available. I am saying so because EB2 I stayed for such long at 04/07 and everyone knows fewer LCs were filed/approved between 04 and 05.





    go_gc_way
    12-28 11:50 PM
    Anybody tried timesof India?

    I have posted there a classified in timesofindia. How to make it stand out in thousands of classifieds?

    FOLKS, PLEASE EACH POST A CLASSIFIED IN A WEB SITE ... AS Pappu has urged every one, this will help 'all of us' have more members and ease our efforts. Today we are crawling to gather the required funds, only if we had many more members , it will solve all problems .. and posting free classifieds is penny less.

    perm2gc , that's right, all IV members need send a new year gift to IV core team by posting a classified in a web site that they know regionally or any other web sites that are useful to get more members .. I will change the the name of the thread as such.

    Folks please participate more actively OR come up with new ideas that can help 'us'.



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