Wednesday, September 14, 2011

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  • prioritydate
    12-20 04:30 PM
    Your PD is Dec, 2004. Why you think you'll get RFE for not working during 2001?

    I am not sure about that. So, are you saying that they don't care what my status was before applying my GC?





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  • nomi
    12-11 02:28 PM
    Quote:
    Originally Posted by god_bless_you
    SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
    We do not need any Congress approval for that Right?
    If so can we explore this option??


    Yes, I was wondering the same thing.

    The only plausible explanation for requiring congress' approval, that I am able to come up with, is that we bundled many requests along with the request for concurrent processing of 140/485, like additional visa numbers etc., which I think are not in the hands of USCIS.

    We would need congress approval to increase visa numbers, etc. But for changing the rule to allow concurrent 140/485 processing is probably within the jurisdiction of the USCIS.





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  • Hermione
    09-27 01:54 PM
    I agree with you partially. It may not be achievement but at least readers will not be misinformed and become aware about our real agenda.

    The name 'ImmigrationVoice' was not mentioned in the article. So, people would not be confused, since they do not know what to be confused about.





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  • dummgelauft
    04-07 11:50 AM
    After reading this rumor mongering for a few weeks now, I have drawn a common between these cases (if we believe for a second that these stories ARE true). All these friend of a friend of a friend who were "sent back", seem to be working fro "desi" software "consultants". If that is indeed the case, then great work CIS. These shysters have no place in the EB queue anyways.

    (2) I doubt if CIS will risk having a lawsuit thrown at them by a Genuine American or mutlinational company if they "send bacK" their genuine H1B employee ( Do you think A place like Microsoft, Intel, GE or Boeing etc will take such treatment of their employee? No, they will sue CIS.

    (3) I work with H1B holders from OTHER countries too (lots of Russians and Chinese). None of them have ever "heard" any "friend of a friend" sent back.

    So, Cut the crap and do your work.



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  • jw419
    04-14 03:11 AM
    Many people do not know about this issue yet. My senators do not want to do much on this issue because it is sensitive to bogus national security. My corporate lawyers (and executives) do not want to draw attention to this matter because retrogression is less trickier than this one politically. Guys we need to speak out otherwise nobody will even know about this issue.

    How big the impact is? Of the tens of friends, neighbors, coworkers I know of who filed I-485 in 2003, only one got approved. The majority is waiting name check clearance for more 2.5 years!





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  • mjadala
    09-10 05:35 PM
    Guys,
    The link isnt working for me too.

    I hope things work in favor with this bill today, but if not, we must ask for Citizenship instead of Greencards. Anyone with me.,

    We have all waited for 5-10 year and there are many who got it in one year and then Citizenship in 6-8 years from the day they got their GCs. That was the normal timeframe. But due to their inefficiency, we are waiting this much time. NOT our fault. Now dont you guys think we must ask for Citizenship.. I thought my case was too stressful, came 99, applied 04, waiting for 485 now, but I have seen so many many stories of ohter guys also here who suffered more. I feel we must ask them Citizenship. If we get, great, else atleast we end up with GC.
    Anybody with me,

    Thanks,
    Sri.,

    Came in 98; applied in 04, waiting.



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  • chanduv23
    07-02 07:20 AM
    i can say only one thing..IV willl not be able to do anythingin this regard.USCIS can do anything whatever the way hat want to do.

    Please don't undermine anyone's efforts. We are doing what we can and will continue to do so. The choice is urs - u can contribute or stay away. What IV and other like minded organizations is doing is not easy. We immigrants are easy target for any one and IV has been the only organization that has been successful in atleast getting things in perspective. We will continue with this organized effort.





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  • tabletpc
    12-20 04:42 PM
    ..Yes, I did. In fact, many times...""

    Then go have blast tonight...you are perfectly fine. Atleast now can we laugh..!!!!:)



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  • spicy_guy
    07-12 04:27 PM
    understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!

    Congrats, dude! At least one of the EB 3 I guys speaking up in delight. :D





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  • chakalov
    08-17 06:22 PM
    Relax. Come Oct VB they will move the dates with about 6months ahead. Look at EB1 and EB2 ROW. They were current all year long and now they are 8 months retrogressed. Also the fact that they retrogressed it back to aug2002 is actually good. It means they approved a lot of applications in June/July so when SEPT VB came they realized they have exhausted a lot of numbers so they had to retrogress it by a lot to guarantee low demand. All this means that Oct. VB will be better than Sept VB. I think in OCT EB3 ROW will be somewhere in early - mid 2003.

    I don't get it.
    How can:
    VB-April07 EB3-ROW PD be Aug-02
    VB-MAy07 EB3-ROW PD be Aug-03
    VB-June07 EB3-ROW PD be June-05

    ..and then:

    VB-Sept-07 EB3-ROW PD be Aug-02

    Are you telling me they haven't processed any EB3-ROW 485 during all those months? Why does it go all the way back to Aug-02???

    Sometimes i consider seriously giving up:(
    Need someone to give me the motivation to keep waiting... something logical i can understand.



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  • “The World” Islands



  • mbawa2574
    02-15 04:31 PM
    Well, I do have a vested interest in maintaining status quo, at least with regard to the per country caps. :)
    But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'

    :mad:





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  • jkays94
    07-10 02:39 AM
    It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.

    In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:

    http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure

    To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:

    COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
    COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
    COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
    COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
    COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)

    There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.

    Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.



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  • sanju
    11-11 10:46 PM
    With democrats in control, at the very minimum we should try to push recapture of lost visa numbers. Tie that with the ability of immigrants to buy houses, we could have a game winner...

    As I said earlier, try something original. Do you know anyone on this forum who is oppose to the idea of recapture? You seem to suggest as if someone is saying "NO we do not want recapture". Is that what you think? And what makes you think that democrats will allow recapture? They have been in power in the congress for last 2 years. If they would have passed recapture, the current president would have for sure signed the bill into law. Democrats want comprehensive bill. They don't love any of us. Maybe, when they are passing comprehensive bill, and if they have some space left on the white paper, and they have nothing else to put in there, they may consider putting recapture. No matter how liberal we tend to be in our individual thought process and outlook, which generally is the tendency for most people in EB community to support democrats, the fact is, policies of Democratic party almost never support EB applicants. When Democrats have to chose between undocumented, family, H1 and EB applicant. We will be the lowest priority, or no priority. And because most of us inherently think/support democrats, we expect them to return the favor. "Wrong" expectation.

    And why blame EB community for supporting Democrats. Majority of population usually votes for candidate/party who has the policies to screw them. I mean, a lot of people who earn less then 40K vote republican, either in the name of religion aka conservativeness or whatever. Republicans give tax breaks to rich and screw the people who vote for them. Large percentage of Democratic supporters tend to live in cities or suburbs. They tend to earn more and are usually educated, for example, most people with college degree voted for Obama, and now Democrats will screw them for voting Dems in power by putting higher taxes on them. I guess, the rule is, parties who win elections have the onus of screwing the people who elected or supported them in the elections.

    I am merely trying to say that even if you tend to support Democrats, don't expect them to return the favor, but apply the general rule and get ready to be screwed for bringing them in power.



    .





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  • GCwaitforever
    02-22 11:41 AM
    EB-2 India went to unavailable because USCIS stamped 2003/2004 petitions left and right to consume VISA numbers. Then they realized there were bunch of 2001/2002 petitions gathering dust. After no VISA numbers left, they had no option but to move the priority date backwards to make very few petitions current.

    I am betting that they will move the dates forward to 2003 in August or September and process few more EB-2 India petitions. For any forward movement to happen to India EB-2/EB-3, ROW EB-2/EB-3 must become current again. If not, we have to wait till October 2008 for new quota to become effective.



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  • greyhair
    02-12 01:06 PM
    pbuckeye, , You are still more concerned about what immigration body shop has to say than the facts and numbers on the ground. I am confused :confused:





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  • dontcareanymore
    12-12 03:48 PM
    With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.

    TRUE . I wish they review even approved EB2s (not just ported , but all) and deny them if they are not legitimate or "genuine" in your speak. I also wish they compare the job duties of all these EB2s with others and even perform on-site checks. Then all ORIGINAL and GENUINE EB2s can get the GC.



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  • komaragiri
    07-23 02:29 PM
    It's part of initial evidence. Not sure why your lawyer mentioned that u don't need it for I-485 filing.





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  • diptam
    08-15 04:25 PM
    Some of the recent GC and EAD achievers takes up a job at USCIS... How does this sound - Huh ??

    I think we will GC sooner than anticipated. I think those who filed in July/Aug will get in three/four years. Just a rough estimate. Any one agrees with me?





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  • pmb76
    03-15 09:48 PM
    yup........i wish everyone who used substitute labor, or interfiled EB3 to EB2 should not get their green cards for about 10 more years. May they be screwed by their (mostly) desi (mostly) IT-Software employers.........they deserve every single bit of misfortune for F*$#ING up the chances for every honest EB filer, who patiently waits in the RIGHT queue.

    As far as i am concerned, such people can go to hell.........and i wish they do!!!

    :)


    I agree with you completely ! I wish and pray Interfilers and labor substitution applicants rot in hell.





    gclabor07
    03-15 10:50 AM
    Hello,

    I too am looking to carpool with someone driving from the Cockeysville area. I'm staying at a friend's place, but he is flying out that weekend to attend a job interview. So, I'm in need of a ride as well. If you find a ride, please let me know as well.

    Thanks.


    Hi ,
    I am looking for carpool who is driving from Baltimore area.

    I live on 18 exit on 83 north.
    will be driving via 83 south/695/95south/

    any one in this route please email me.





    webm
    05-08 10:00 PM
    I had checked the status earlier this morning (as every other day) and as every other day there was no LUD. When I got home this evening saw the following email (got one for my wife's application too)

    I still remember very vividly the day I handed my papers to our HR in Sept 2002. It took our HR nine months to complete recruiting and send it to DoL. I am sure I will remember today and the day we get the physical cards better :)

    Receipt Number: SRC07192xxxxx

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Notice mailed welcoming the new permanent resident.

    On May 8, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later.


    Congrats!! pal..



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