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Sunday, June 26, 2011

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  • harrybond
    08-19 03:34 PM
    [

    JunRN
    Senior Member


    what's ur reasoning behind ur statement?
    QUOTE=JunRN;150114]To understand the Visa bulletin, one must first understand that it is not the USCIS that computes or post VB, it is the DOS. DOS also considers those undergoing consular processing. In this case, the dates are in favor of those doing CP as we all know that most of those who are qualified to apply for AOS have already applied.

    Retrogression is a CP-friendly event.[/QUOTE]





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  • gc_on_demand
    03-09 12:46 PM
    by the way shusterman predicted ROW will retrogress in his blog found at shusterman.com there was also an IV post about this (abbout somethin like shusterman got a call from clinton or something)..........

    so what happened to the quareterly spill over ???????????

    Just want to know is quareterly spill over a law or procedure .. Could they hold on spill over .. May be USCIS was not ready to approve 485s .. and have asked DOS to hold on dates until they have some pool of files that can be assigned visa numbers.





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  • oliTwist
    02-13 12:57 PM
    come on this is bull s***.





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  • stucklabor
    07-24 10:15 PM
    .. there should definitely be some policy interpretation at the discretion of the USCIS

    1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application

    2) If you are interpreting it based on the words ....

    "an immigrant visa is immediately available to him at the time his application is filed"

    Then according to 245(a)(2)....

    "the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "

    ....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.

    Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.



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  • WaldenPond
    02-18 10:56 AM
    retrohatao willgetgc2005 wam4wam & stirGC,

    Thank You for your input. This is very helpful to highlight the name check problem. The problem description and proposed solution by retrohatao are very good. However, just allow me to share a bigger picture. There is no difference between any issue is being categorized by someone to be a sub-issue or if an issue is categorized as main issue. What is important is that the issue is being addressed ....

    willgetgc2005, just so that you know, I am also stuck in name check since June-04 and my 485 is pending since Oct-03. Just like you, this issue directly affects me. No doubt this is a very important issue. As berkeleybee mentioned, this is being addressed and communicated to the lawmakers and CA team did an excellent job in making the presentation to the lawmakers.

    Even though name check delay issue directly affects people like you and me, know that this is not the only important issue. The point is, many people only care about getting to the next stage of GC process. If someone's labor is stuck, that group thinks that labor certification clearance should be the top priority. If someone's 140 got rejected, then that issue should be the only issue on IV's agenda. If someone is not able to apply for 485, then that person wants to make that as the top priority. If someone is a PHD, then that person wants the top agenda should be to get GC to the guy who has PHD and the argument presented to us is - don't you get it, I am a "PHD". The other day there was a group of people including techworker_tn1, helpful_leo etc who wanted to form their own group for PHDs. And now, if someone's name check is delayed, then we say that everybody will have to go through it sometime in the later stage, so this issue should be on the fore-front of the list of issues.

    I am slightly perplexed by the behavior of some members who seems to indicate that we are in some sort of race with one another. And these members seem to send out a message that says - if their issue is not listed as top priority goal then all other issues that IV is working to resolve or all the work being done by IV is worthless. I am slightly disturbed to read posts like the one from wam4wam which says that he/she hopes that bill is not passed till his/her name check is cleared.

    This is a sincere request to everybody. If all that we think about is 'what's in it for me', then we cannot find commonality among ourselves. And thus no progress is possible. Know that with this thought process, nothing will happen.

    IV is an organization made by people like you and me. If everybody's objective is to get to the next stage of green card process, know that we are not behaving like matured and "educated" class that we all claim to belong. Just reaching the next stage of the process is something like looking for instant gratification which actually doesn't help the cause or the complete green card process.

    Most humbly, I would like to request you to post your experiences with how many people you have communicated about the efforts of IV? How many people you have convinced to join IV? What is the success rate? Were you able to persuade the people to contribute for this cause? Those things will help more than anything else. If IV is bigger and stronger, we can together address each and every issue. Ask yourself, how is it possible to continue to include more agendas and not come up with more helping hands and more resources and expect to succeed?

    If you do not see a favorable post or see a post that doesn't contain something that you want to hear, please do not infer that nobody cares or as if no one is doing anything. That post may just express somebody's opinion. I must mention that everybody wants their agenda to be pushed to the top. If there is some sort of a debate from others in the forum, I see that group of people starts backing off and starts posting messages to communicate as if this forum or IV is not doing what it should; Or some people start posting messageas hoping that bill will not pass if their agenda is not addressed.....and on and on. Please let me share that this doesn't help anybody.

    retrohato, Would you like to take the lead on making name check to the forefront and address it in every possible manner? IV needs sincere people like you who can spend time to do each task. We have very good ideas on how to approach this issue and find a solution to this issue. If you could please take the lead on this issue, know that name check is top priority of IV. I would request you to please call us at anytime convenient for you and express that you would like to work on this issue. We need people who are ready to take ownership of issues and are ready to deliver. Would you like to join this effort actively?

    Just so that everybody know, Immigration Voice could include 'World Peace' as one of the agenda items. But just including something as Goal doesn't mean that it can be achieved. To achieve anything that is listed as goals or to meaningfully add anything to the goals we need more serious people and more resources. If you are interested to actively contribute, please call us and we will connect you to the larger group of people to team-up the work for this issue. It is ok if you are not able to participate actively. It would help if you could please encourage others to take up the responsibility. Just because people are not agreeing with you, posting negative or discouraging messages will not help anybody.

    America is a great nation. That is why we want to stay here and want our GC sooner. JFK once said that 'Ask not what your country can do for you, ask what you can do for your country'. One of the reasons why America is Great is because of the people of this great nation delivered what JFK said. We all could learn from this and before making any claim to being part of the American fabric or before claiming to be from "educated" class, maybe we need to stop behaving in way that only sends out the message 'what's in it for me'.





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  • sirinme
    10-21 02:45 PM
    I just sent mine.

    - sirinme



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  • vgayalu
    10-07 02:41 PM
    Mine and spouse I 485 are approved on 5th Oct 2010 after RFE and answering it.

    But Kids one is not approved showing online status as initial review.
    I called USCIS and came to know that I can not create second SR until I complete 30 days after answering first SR.
    But I did not get answer for first SR. They are saying There is RFE on principal candidate application.

    But that one is cleared and approved.

    I escalated the issue to second level and then they are mentioning my kids one is also approved on last Monday. But still the online status is showing as initial review.

    Is it or same kind of thing happened to any one else?
    Please guide your experience.





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  • BlueSunD
    03-10 07:36 PM
    Rendering..... the wait is killing me... :bounce: and I�m killing my cpu :P Hope I�ll still make it on time! :worried:

    Very cool image Grinch! Kinda reminds me Max Payne! (I love that game!)



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  • ItIsNotFunny
    11-11 06:03 PM
    Almost all my personal friends I spoke to recently who did not want to help with IV stuff, now proudly claim "As Obama has become the president, he will do something for us to get the green card"

    The hope continues :)

    People come on IV only to blame IV and admins for all the problems in their lives, but when asked to help for IV stuff - they give red dots and leave bad comments

    There will always be 2 types of people. Lets see and concentrate on people who are positive and move ahead.





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  • ita
    01-31 12:24 PM
    desi3933,

    Please correct me if I'm wrong but after reading this thread and from what I know ,what I understand is:

    From the time one applies 485 we should have W2 amount close to what is mentioned in LC.
    There is nothing like out of status thing from the time we apply for 485.

    But from the last entry to US on non-immigrant visa to the date of applying 485 once should be in status and if they are out of status for less than 180 days it is considered ok.

    My question is how do we show we were in status from the last entry to U.S on non-immigrant visa to the date 485 was filed ?
    Will the W2 be sufficient or do we have to show our monthly pay stubs.
    You mentioned in your 'Pandit' example about the H1 LC amount...how do we know what our H1 LCA amount is?

    I would highly appreciate response.Thank you.



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  • Macaca
    06-11 08:29 AM
    Dear Colleague:

    With the unemployment rate still unacceptably high and millions of people looking for a job, we have a responsibility to ensure that companies do not use temporary visa programs to replace American workers with cheaper labor from overseas.


    Sincerely,


    ____________________ ____________________

    BERNARD SANDERS CHARLES E. GRASSLEY

    UNITED STATES SENATOR UNITED STATES SENATOR

    ************************************************** ***************

    Where the Job Openings Are Now (http://online.wsj.com/article/SB10001424052748704575304575296692796660262.html) By JOE LIGHT | Wall Street Journal, Jun 10 2010

    The number of job openings grew in April, indicating a continued loosening of the job market after the worst downturn in decades. Employers had a seasonally-adjusted 3.1 million openings on the last business day of April, up about 300,000 from March and about 800,000 from last summer's trough.

    Industries seeing the most growth included education and health services, which saw openings rise 7% from last month, and professional and business services, which grew about 24%. Government job openings saw the largest contraction--about 8.5% fewer public sector jobs were available in April than were available in March.

    The slowest growing region in April was the South, which saw openings rise by about 6%, while the Northeast, Midwest, and West saw increases of between 12% and 16%.

    "We're definitely seeing a brighter outlook, but not near a rubber-band snap back," says Rich Milgram, CEO of Beyond.com, a network of 15,000 niche career websites.

    Entry-level jobs posted on Beyond.com's network increased 80% between the first quarter of last year and this year, with engineering, healthcare, and information technology industries faring the best. High-paying, managerial roles saw more tepid increases, indicating that employers are choosing to fill cheap positions first, Mr. Milgram says.

    Even though the number of openings has grown, it can take three to four months before increases in openings start to translate to increases in actual hires, Mr. Milgram says.

    Soliant Health, a staffing firm for the health care industry, has seen requests from companies for nurse practitioners and physician assistants triple in the last year, says president David Alexander. Retailers, many of which have opened clinics inside their stores, and companies conducting in-home clinical trials have been among employers showing the most demand, while pharmacy technicians and licensed practical nurses, who don't need as much training as registered nurses, have been hard to place.

    "We're just starting to see pockets of demand pick up after the layoffs last year, but employers are still having no trouble finding candidates," Mr. Alexander says.





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  • msgrewal81
    02-19 08:17 AM
    What do you wish? You need gc the moment you enter the country? If anyone who stays 5 years get green card.That is excellent if legal or illegal immigrant. This is apart from 140K regular quota. This will reduce backlog substantially.

    Dude I think you are happy because you are above 5 years here and I feel good for you. For myself, I donot want green card after landing on airport, I just want GC process to be improved for people <5 years. This bill will be just a onetime measure i.e. whoever has 5 years on the day it was enacted gets GC, it is not like if I am here for 5 years even after 2 months of passing the bill i will get GC. So, in all, fight for EB GC goes on and it has to be made easier than what has been done for illegal immigrants with >5year rule. People will <5years should not have to go thru same grind. This bill directly does nothing for EB apart from 'temporarily' taking out people with >5years to decrease backlog. That will be temporary. In fact, in long term, it makes EB difficult.

    Again, people with >5years should be happy but not tell people with <5years what to do. We definately need to contact congress and Pres office to improve this bill to make it fair for legal immigrants too.



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  • Legal_In_A_Limbo
    03-14 05:51 PM
    Thanks for sharing the info. Did you get any new attorney?

    I self filed, as will be doing AC-21 in a month or so.
    So wanted to make sure i revoke my company attorney.

    Thanks





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  • FucTheGC
    06-06 10:56 PM
    Mine is similar to you case, PD- Jan 23 2004, RD July 23 2007, ND Aug 24 2008

    Do feel they go by processing times striclty?

    If the case is straight forward they go by processing times and receipt date.



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  • belmontboy
    05-23 02:19 PM
    That is what these computer workers do. Go to forums, steal code, copy that at the appropriate place, change variable names and screw up all the copyright issues.

    what is your job?





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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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  • go_gc_way
    02-02 02:08 PM
    Gentlemen,

    I visited a link that was posted long time back ... the count on each link increases every day.

    for example the following thread is accessed nearly 90 times, many more will visit it sure.

    http://www.indiagrid.com/cgi-bin/viewarticle.cgi?dmmy=ok&postid=6560&stq=&cat=art

    GIVE IT ANOTHER SHOT , POST IN ANOTHER WEB SITE.

    Increase IV membership, imagine another 10k joining you in the effort and keep it going, all the time





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  • amsgc
    03-16 04:51 PM
    It is good to see a sensible post in a long time.

    Last Nov. I had gone for my biometrics and met this Chinese guy whose EB2 PD was somewhere in Jun 06 (EB2 China at the time was Jan 06). He was very confident that he will be current in a few months, and just rejected my efforts to recruit him (for IV). Well, it is now a few months later and the EB2 China PD is Dec 03. Unfortunately, because of the arbitrary movement in the visa bulletin, many people seem to think that their PD will be current soon. The truth of the matter is that the number of people in line (w/ or w/o labor sub, pd porting etc) is just very large. So, even if your PD becomes current, there is a slim chance that it will be adjudicated, and you will get the visa number assigned to your case, before the dates fall back again. Only a handful of very lucky people will get the GC, but for the majority, the frustration will continue.

    The only way is to lobby congress for increasing the 140k cap. If they are not willing, then recapture numbers, exempt dependents etc. If even that is not acceptable this year then atleast lobby for admin fixes in the IV agenda - such as 3 yr. ead/ap, ability to file when PD is not current, and relax the AC21 rule further regarding proof of a valid job offer at the time of adjudication.

    most people who filed LC in 2004/2005 before PERM got approvals in 2006 and 2007 and have only got a chance to apply for 485 in July VB. There are 10s of thousands of such people with that LC and EB2-India. When was the opportunity to get approval?



    without an administrative fix, and with the current levels of demand and supply I would say its NIL. It needs to be a mistake...

    Also, with H1 quota possibly going up this year or next, expect even more demand, and the dates will probably not be current for atleast a decade. The demand is going to go up (more H1s filing for greencards) and supply remaining the same (140k + country-limits etc)





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  • ashwaghoshk
    03-19 05:40 PM
    Finally, labor filed on March 11.Unfortunately labor process stalled from March 1. Badluck still continues


    How do you know that the labour process has slowed down from Mar 01 2011 ? Any source for this info? Please share.





    fatboysam
    12-25 10:20 AM
    I will like to know if a person on L2 visa with EAD can open new company in US ?





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    02-16 05:08 PM
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