Tuesday, June 14, 2011

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  • sandy_anand
    07-19 10:48 AM
    My case was filed on Feb 27th. Still pending. No response from Atlanta. I have 11 more days to go and after that it doesn't matter when I get my PERM as I would be locked out for potentially 5-6 years! This system is not fair at all...if I was working in one of the western states, I could have filed even today and get certified in 2-3 days....




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  • immig4me
    05-14 09:11 AM
    Don't wait any longer

    Everyone must call

    Thank You for helping Yourself

    CALL Call call call Call CALL




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  • optimystic
    09-10 05:06 PM
    After reading all your comments, I reached to a conclusion

    We all are being fooled and frusturated by USCIS.


    .....


    Lets just wake up for one more time, and do something big, phone calls, faxes does not give us a public exposure, what we need now is public exposure, I have have been saying this for a while but no one seems to give an important consideration. Right now media attantion is in DC, and we can use that in our own advantage.


    Thanks


    How about this -- http://immigrationvoice.org/forum/showthread.php?t=21421




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  • coopheal
    02-23 08:15 PM
    Progress of PDs are similar the ones which happened prior to June 2007. May be there is a chance of repeating that now......

    http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data



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  • kumhyd2
    07-10 01:19 AM
    Another leader is born in
    San Diego;)




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  • Caliber
    03-12 01:12 PM
    Here is my point. I spend several hours 3-4 hours at least every day looking through the forum posts hoping to find ways i can contribute to efforts. There are several ideas that are generated in the forum. But cannot find out who is leading it. All i am saying is if we can have a listing of initiatives with some names associated. So i can contribute to the ones that i can support. I am not sure if i am asking for too much here. I am not a IT guy. I do not know what it takes to post it in the front page.

    Dear Vin,

    Thanks for your inputs. What I am suggesting is that, every one of us should volunteer for our own good. If you can spend some time, I sugggest that, you send an email to IV core offering them your time so that you can share some of their work load.



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  • mpadapa
    06-11 12:04 PM
    This retrogression and slow forward movement was a problem in the making. Last summer IV core had warned about this issue. The writing on this issue was on the wall, now we have numbers to prove it. Last year (2008) we ducked the issue because EB folks got lucky since almost 23K visa wasted by FB folks in 2007 was counted as part of EB limit in 2008. This year no such luck, we are stuck with our usual quota's. Refresh your memory with an old thread from last summer. (http://immigrationvoice.org/forum/showthread.php?t=19042)

    Folks don't narrow this issue to an Indian/chinese issue. All EB3 folks and EB2 (reto countries) are affected by the retrogression. When the system is broken blame the system and not the individual department. Looks like members like to take a dig at USCIS for every problem in the system. Go talk to your lawmakers if you have issues with the system, they are the one who drafted the limits. Your labor was delayed not because of USCIS but by DOL. Yes USCIS is not a perfect org but they do their best. USCIS wasn't equipped to handle millions of EAD/AP every year aren't they issuing they issuing it within reasonable time. Give some respect to the org and just don't use it as a punch bag for all your problems. If you have issues with wastage of visa's go ask the lawmakers who introduced the 245i provision in 2000. They showed the EB folks with ~130K recapture and flooded the system with 245i applicants and caused ~130K visa numbers wasted between 2000-present. What was the net gain? We should collective organize and do active lobbying with IV, otherwise we will be taken for another ride in CIR.




    Source:
    http://www.immigration-information.com/forums/general-immigration-questions/8261-visa-number-update-from-the-department-of-state.html

    ........




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  • CADude
    07-04 03:18 PM
    Contact your Senator regarding unprecedented move by the Department of State.


    If you all can then please contact your senator.
    Below is the letter I sent to my local senator.
    You can find your local senator by using this link (Enter zip code and state) - http://capwiz.com/aila2/officials/congress/?lvl=C&azip=75063&state=TX.
    You can also send email from this link.
    It does not matter whether this brings any value or not but there is no harm in doing this, in case you are really frustrated, troubled and sad!.

    Dear Senator :

    This is to bring to your attention regarding an unprecedented move by Department of State with regards to filing of adjustment of status applications.

    On June 13, Department of State announced in its Visa Bulletin for July 2007 that all employment-based categories (except for the Other Workers category) for immigrant visas will be "current," (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) meaning that individuals/businesses going through the lengthy and backlogged immigrant visa or "green card" process can, throughout July, file adjustment of status applications.

    The Department Of State regulations at 22 CFR 42.51 (http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html) and 8 CFR 245.1(g), allows individuals/businesses to rely on and use such information. Historically, they have relied on such information knowing that when they prepare and file such applications, they will be accepted and adjudicated.

    However on July 2, 2007, The Department of State issued a new bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) with an update on July Visa Availability and USCIS (U.S. Citizenship and Immigration Services) started rejecting adjustment of status applications for several employment-based immigration preference categories (http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf), despite the fact that the published July Visa Bulletin shows that visas for these categories are available thereby violating its long-standing policy and the expectations of thousands of people, without any advance notification to the general public or issuing any notification under the Administrative Procedures Act (APA). Such a revision, coming in the same month in which the bulletin is issued, would be contrary to years of practice in which revisions or adjustments to the availability of immigrant visa numbers are made in the following month of before the beginning of the month, not in the same month individuals and businesses have begun preparing and submitting applications for adjustment of status.

    By taking this unprecedented mid-month update, the Departments of State and Homeland Security have seriously undermined the stability and predictability of U.S. immigration law. Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. In addition, individuals have taken the necessary steps to prepare and file applications for adjustment of status, including thousands of dollars of expenses to engage counsel, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc. This unprecedented action of the government is shocking and disturbing. It has left many in a state of disbelief, frustration, confusion, and anger.

    Pursuant to Department Of State regulations 8 CFR 245.1(g), [i]f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.. Thus, when the Visa Bulletin shows that visas for most preference categories are available for applicants with priority dates on or before the listed priority date, the USCIS must accept those adjustment of status applications for adjudication. Under section 245 of the INA, an alien may apply for adjustment of status if, inter alia, (3) an immigrant visa is immediately available to him at the time his application is filed. The question is what the term immediately available means. The regulation at 8 CFR 245.1(g) defines the term and instructs how to determine when an immigrant visa is immediately available under Sec. 245 of the INA.

    8 CFR 245.1(g) states, An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I-485 i[f] the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that that numbers for visa applicants in his or her category are current). An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101-238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service Office. (Emphasis added.)

    Reliance on the current Visa Bulletin is well-established. In 1994, the INS (Immigration and Naturalization Service) published a revision to 8 CFR Part 245 in response to enactment of section 245(i) of the Act. In the Supplementary Information provided with that regulation, the INS took the opportunity to revise its definition of immediately available to be consistent with that of the Department of State.

    The INS said: All applicants for adjustment of status under section 245 of the Act must have an immediately available immigrant visa number. "Immediately available" for the
    purpose of accepting and processing the Form I-485 application filed by a preference alien is defined in 8 CFR 245.1(f) as being not later than the date shown in the current Department of State Bureau of Consular Affairs Visa Bulletin. The Department of State, however, defines "immediately available" as being earlier than the date shown in the current Visa Bulletin. This rule amends 8 CFR 245.1(f) to bring the adjustment of status provision into accordance with the Department o f State's definition.

    I request your prompt attention on this matter asking the Department of State for clarification on this unprecedented change which defies years of established process of individuals/businesses relying on visa bulletin to prepare and file adjustment of status applications.

    Sincerely,



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  • coolpal
    09-10 11:04 AM
    thanks IV to all ur efforts...
    Here's my contribution of $100 (Google Order #431458970400945)

    Hope I'd make it to DC... but I am leaving on vacation this month, and might have to work that weekend to finish things before I leave...

    thanks,
    pal :)




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  • gcformeornot
    07-20 07:47 AM
    ...



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  • skillet
    06-18 01:06 PM
    No.. They are not auditing..




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  • gapala
    03-04 10:01 AM
    First of all EAD is not a status. You need to provide them details on whether you are on H1B or AOS / Parolee (if used AP to travel or EAD to work).

    Hope this helps.



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  • santb1975
    05-23 12:54 AM
    If you have made a contribution and posted on this thread or on the thread we had before your name should be on the list. We do not have an automatic way of updating this list once someone had made a contribution through paypal at this time. Every night I go through this thread, update numbers and names. I could have made a manual error and missed some names but once people have brought that to my attention I have been double checking and responding back to them. I know I am behind on verifying one or two contributions but I will catch up. I work long hours,take classes and I live 80 miles away from where I work. I wish I had more than 24 hours in my day. If you could help us with maintaining an accurate list that would be awesome.

    Hope I answered your query :)

    wondering how yu came up with a list of contributors.......if i provide my transfer confirmations to IV and still cannot find my name in the list then how will I trust the veracity of yur list.....

    ....not for an argument but a query




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  • Mahatma
    07-14 01:15 PM
    Could you give me IV address wherein I can send my cheque?

    Small is beautiful. Kaizen means small change but consistent change. It brings good results.

    Thanks for doing this.



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  • anilsal
    12-18 05:35 PM
    Apparently, we were pretty pretty close to getting retrogression eradicated in the lame duck session, according to an IV core member.

    Now based on that, can you lose heart?

    I think we should continue calling Sen.Cornyn's office and keep him motivated to get the SKIL bill tabled and cleared in the next congress. ;)




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  • eb3_nepa
    07-16 12:47 AM
    Common people just $150 short. Pacific time people. Please help. We need 30 good souls from the West coast :)



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  • druminator
    04-30 04:53 PM
    am I the only one who noticed that they admitted that although FIFO is a nice idea, it's impractical (for them) and that it's NOT how they do it (but it's written all over their literature) ?

    what I got from it is: they are overwhelmed, they have not real idea of what is going on in the offices and how much it cost for the agency and the country to push people out.




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  • julsun
    01-04 11:11 AM
    Has anybody called the USCIS customer service number regarding AP ?

    If we have a emergency reason to travel out of the country, can we call the customer service and request expedited processing of AP ?

    One my friends got his wife's AP approved by scheduling an appointment with local InfoPass office. but you need a valid reason and proof for that. In his case he got his father in law's medical certificate from India.




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  • knnmbd
    04-25 08:58 PM
    Tell me, in any of the bills that came in 2005, PACE, CIR. Dream Act etc., or later, IS there even one mention or a discussion of changing the PD? Let's discuss more on how to bring out more into the open, the issues the H1 visa holders are facing from their small time employers in applying for permanent residence, backlog issues and how redtape is destroying these young men's goals, about lack of visa numbers.

    Why there is even a provision in the last Senate bill, for illegals to SELF petition for GC, if employer doen't apply in 2 years. Let's discuss about a similar provision for H1 visa holders who are legally working here, paying taxes. Let's discuss even more important issue.
    Why should we pay, SS Tax and Medicare if we are temporary workers. Let them START collecting once I-485 is applied.
    This last point will resonate well with all It will be picked up easily; you will see the panic flying in the press, TVs, Senate and what not, when a simple mention of it is made.
    These are the practical things we need to discuss. Not a theoritical PD definition, on which we have no locus standi.

    This is the most outrageous and ridiculous stuff anyone could have heard. We want to change the laws of the land to benefit us. We are here because WE WANT TO BE HERE .No one is forcing us to work and pay SS tax and Medicare here. So what's next: No State tax too? We are lucky that the core IV team has accomplished so much in such a short time with limited resources. We need to push the amendments that will allow concurrent filing of I145, period, or we are jeopardizing any thing from going through.




    vrbest
    03-10 07:26 AM
    I would say we all need to know our status well first :) There is no such status as EAD. It is Adjustment of Status (AOS) Pending. I had done multiple refi and all I had to tell them is GC pending. They get copy of EAD just to have a reference that I am legal here at the time of application (since it has an end date). Had no issues so for.

    I think the key is the person approving the loan needs to understand immigration to certain extent. Its important that we let the officer know up-front about our immigration status so that there are no assumptions and surprises.




    Green.Tech
    06-09 06:34 PM
    This thread falls off the radar so quickly and other threads with EAD, AP, H-1B etc. keep popping up every second. I know all those things are important as well but if you pause and think about the big picture, this funding drive is very important as well. So, please buck up and contribute! :)



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