Wednesday, June 8, 2011

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  • vbkris77
    03-05 09:37 AM
    What we get

    1. We get number of EB2,EB3 Primary and EB2,EB3 Dependent applications.

    2. From the wordings, I won't be suprized if they give a summarized number from 2001.

    But if someone else requested this info broken into PD buckets by month and Year, then I think we need to use that. The letter I sent had that wording, but I never received any response yet.

    Here is what we don't get

    1. Break up by country - Helps folks in EB3 as ROW is not current

    2. Some might have not applied for AOS for various reason like their I140 is still pending, Some companies mandate that. - This could be a small percentage

    3. Break-up by PD month& year

    More insight is welcome.. Pre-adjudicated cases are not approved cases. So they can't eliminate them..


    I have received a response on my request last year to USCIS for information on number of AOS applications pending. Here it is:
    --------------------------------------
    February 24, 2009
    NRC2008065126

    We received your request for information relating to Adjustment of Status applications in the employment-based category. You have specifically requested the number of pending employment based AOS applications, (excluding approved, denied) filed with USCIS since 2001, for each of the following countries and categories:
    - EB-2 China
    - EB-2 India
    - EB-3 China
    - EB-3 India
    - EB-3 Mexico
    - EB-3 Philippines
    - EB-3 Rest of the World

    Your request is being handled under the provisions of the Freedom of Information Act (5 U.S.C 552). It has been assigned the following control number: NRC2008065126. Please cite th is number in any further inquiry about this request.

    In order to extract the information you have requested, a customized computer program will be required. You will be charged for the time it takes to write the program as well as the time involved in running the query to extract the date. You will not be charged for duplication, review and search time. We estimate the cost to be $5000.00. Due to the time and effort involved, you will be asked to sign an advance fee agreement before we proceed with your request. In addition, a deposit of $2500.00 payable by check or money order, must be paid within 30 days of the date of this notification. Please make your check payable to the United States Treasury, Failure to submit the $2500.00 deposit within the time frame given will result in your request being administratively closed.

    In order to assure that we provide the information you seek in the format you have requested, we ask that you clarify the information sought. Employment based status is broken down into the following 14 categories.
    _____________

    NRC2008065126
    Page 2

    E21 203(b)(2) PROF/EXCPTNL ABILITY
    E22 SPOUSE OF ES1 OR E21
    E23 CHILD OF ES1 OR E21
    E26 203(b)(2) PROF/EXCPTNL ABILITY
    E27 SPOUSE OF ES6
    E28 CHILD OF ES6
    E30 203(b)(3) CHILD OF E36, E37
    E31 203(b)(3)(A)(i) SKILLED WORKER
    E32 203(b)(3)(A)(ii) PROFESSIONAL
    E34 203(b)(3)(A) SPOUSE OF E31, E32
    E35 203(b)(3)(A) CHILD OF E31, E32
    E36 203(b)(3)(A)(i) SKILLED WORKER
    E37 203(b)(3)(A)(ii) PROFESSIONAL
    E39 203(b)(3)(A) SPOUSE OF E36, E37

    Are you asking tha the information we provide be broken down into the categories listed above, or may we group all EB-2 categories and ass EB-3 categories together?

    Please define priority date.

    You have asked for information concerning the country of chargeability. This information is not assigned until the application is approved or denied. Since you have requested information on pending applications only, this information is not available.

    If you have any questions concerning your pending FOIA/PA request, please address them to this office, Attention: FOIA/PA Officer, or call us at 816-350-5570, or fax any FOIA/PA related correspondence to 816-350-5785.

    Sincerely,

    T. Diane Cejka
    Director

    ___________________________

    I will post a scan tomorrow

    From what I understand, they aren't able to get the numbers by country of chargeablility.

    Its funny they are asking me to define priority date ! :)




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  • pd_recapturing
    09-27 10:46 PM
    A good attorney should be able to get those who availed themselves of the AC21 opportunity free and clear in their green card journey. The law seems pretty clear on this to me.

    This is clearly a big deal for much of the IV community, who are stuck in this process due to inadequate EB visas and inefficient immigration service center processing.

    I believe this might end up needing a class action litigation (for violating AC21 law) and an immigration attorney could make a name for him/herself in the process of this case!

    Witness Carl Shusterman's challenge of the USCIS's erroneous interpretation of physician NIW laws and his subsequent stature in the field.

    If there are adequate numbers of you, which based on this thread there seem to be quite a few, then approaching a good lawyer to represent the group pro bono and getting this mess sorted out for good might be a consideration.

    Any thoughts?
    We are discussing it here. Please participate.

    http://immigrationvoice.org/forum/showthread.php?t=21716




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  • sam_hoosier
    06-08 02:55 PM
    We almost fell in to the Fire from the Frying Pan. Now that we are back in the Frying Pan, somehow it doesn't feel that bad of a place to be in. LOL :D

    Well said. After having waited for almost 6-12 months for this bill to come to the senate, I am actually glad to see it fall through.




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  • kshitijnt
    06-11 05:23 PM
    The frustration of EB3 folks is very visible and I might get a bad rap for my post. But I wanted to share a few thoughts , if you will:

    I fully sympathize with EB3I folks. Of all, you have been waiting longest. But were you really expecting a miracle in this Visa bulletin? Or are you more upset now that EB2 has moved forward significantly and EB3 has not? This is not a criticism , just a question.

    Secondly, given the reality, I would say with lobbying etc, let me advise you that you ask your employer to start processing EB2 application for you and then use PD porting. With number of years you have spent in current job, I would advise you try and impress on your employer to do this urgently. If this does not work out, I would say you can look for another job. (This would apply to those who are in permanent job and not paying out of their pocket for GC). I mean with so many years in the same job, you definitely qualify for promotion. If I were you, I would not take the corporate BS.

    It is also a matter of numbers. If you are the only EB3 person from your company then you are probably screwed, but if you have a few employees, then you network with them informally and then press as a "group" on your employer.

    I have always been a supporter of EB3 to EB2 porting and even when I was not current, I did not oppose it. While there are other avenues such as lobbying, lawsuits etc, it takes a lot of work and at the end of the day benefits are not really tangible. I would suggest you guys make full use of the door that is open, EB3-> Eb2 porting. It is in your hands to get this done.



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  • BharatPremi
    12-10 04:15 PM
    It's a sad day to see IVers granting each other 'red squares' , and committed members asking each other to 'shut up'.

    We are quick in jumping at each others throat for no apparent real reason ! Being part of a forum is sharing space with others, with those whom you disagree, and those who disagree with you. Argue logically, but don't make it a personal fight.

    Don't agree with someone, make your displeasure known. If things seem to be getting hotter, ignore the other person. Live and let live. We have bigger issues to worry here - GC mess - instead of who said what !

    ^




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  • kshitijnt
    06-15 12:08 PM
    Agree with you 100%. I have been waiting patiently all along hoping something good would happen for EB3. I am talking to my employer if they can port my case to EB2. I have a master's degree and about 13 years of experience (8 years in the current job). My only concern is if the new EB2 labor or I140 doesn't get approved for some reason, can I fall back to my current EB3 application. I don't want to jeopardize my current application just by deciding to port to EB2. Any suggestions?

    If I were you, I would make it clear to the employer that you qualify for tier 1 in UK and educate them on benefits of tier 1 vs waiting for green card then go from there. It worked for me.



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  • Munna Bhai
    04-23 09:36 AM
    Hi,

    Employee of company A accepts an offer from another company B which promptly applies for a H1B transfer premium processing and its approved. Now the employee cannot join company B due to some problem and wants to remain with company A. Does company A need to apply for H1 transfer?


    As I understand there will be no need to apply for the transfer again and the employee can continue working for company A. But the tricky part here is what if company B cancels the employees H1 visa seeing the employee did not join its workforce (considering that it just transferred it)?

    Can some knowledgeable people please comment on the above scenario please.


    Since you have not joined company B then why you worry whether they cancel H1b or not. As long as company A is having your H1b, nothing to worry & no need for reapplying for H1b transfer back to company A. There is no concept of H1b transfer, every company apply a new H1b when you join them and employer/employee relationship exist as long as they don't cancel H1b. Hope this helps.




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  • satishku_2000
    09-21 05:51 PM
    I cancelled my tickets because of the FP appointment I had on same day.



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  • thomachan72
    05-31 04:50 PM
    These amends that are imp to us were introduced on a day (last day before mem day recess) when senate was not planning to debate / vote on any amends to the CIR. That is why these were asked to lie on table.




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  • rogerdepena
    02-12 05:52 PM
    This story reflects what I am going through right now. H1b/H4 issues puts a strain in a couple's relationship. Don't really know when the camel's back will break--I hope it won't. Why do bad things happen to people that play by the rules? :(



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  • yoda
    09-21 11:09 AM
    Let us give IV Core a few more days to think through and recommend the next course of action. Many must have returned home from DC only yesterday after being present even on Wed. after the majority of us had returned.




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  • 485Mbe4001
    08-21 07:30 PM
    An article of getting PIO card from India :)

    www.outlookindia.com | The Papers Are In Order (http://www.outlookindia.com/article.aspx?261306)

    I am a Person of Indian Origin. I have a slate-grey passport-like document issued by the Indian government that says so. But I�m not really. I was not born or brought up here, and I do not have a single direct ancestor who, as far as I know, ever lived in India. I have become the proud possessor of a Persons of Indian Origin card because I am married to an Indian citizen.

    I had lived in India, on and off, for ten years�and had been married to an Indian citizen for even longer.
    Two men were seated at the edge of the sofa, looking more nervous than me. Shireen was questioning them.


    Previously, my visas were renewed every six months. We now wanted to stay in India indefinitely and make our home in Delhi. I would have preferred dual citizenship�but that wasn�t, and still isn�t, available. PIO would be second best. But the actual card was not easy to come by. It involved a total of 17 visits to three separate ministries and five different offices. It took up at least four full days of my life. I was interviewed twice, the second time at home with my wife, Shireen. The first time was at the offices of the Foreigners Division, Ministry of Home Affairs, in an unventilated, very public room brimming with non-Indians from every continent. I reached the head of the queue after two hours of eavesdropping on other people�s immigration problems. I was asked, among other more prosaic questions, to explain why I had married an Indian woman (�Love,� I said, monosyllabically), and then, with a leer and a twinkle, whether I had had many Indian girlfriends. �N-no�, I stuttered. My hesitant response did not reflect either uncertainty or mendacity on my part, but my surprise and my growing irritation with the questioner. The interview ended abruptly. He wrote �Refer for further enquiry� on my residence permit and said I would receive a home visit. �We need to be sure that marriages to Indian citizens are genuine.�

    Several weeks later, one Friday afternoon around 5 pm, I received a phone call as I was pottering around the streets of central Delhi.
    �He wanted a bribe, you idiot,� my friend said. �You�ll never get your card now; he�d have been happy with Rs 100.�


    The investigators from the Home Ministry would be at my home at 5.30. As I rushed home, images of Mr and Mrs, a television programme of my UK childhood, flashed through my mind. A gormless husband would be placed in a soundproof booth, while his bright-as-a-button wife would stand on the stage. She would be asked semi-intimate questions about their life together: what was the first present she gave him when they were ? What colour nightclothes was she wearing yesterday? And so on. The husband was then released from the booth, and would invariably get the answers wrong, to his embarrassment and everyone else�s amusement. It was gentle viewing�a mild celebration of female omniscience and male autism. But now I was going to take part in a real-life version of Mr and Mrs, and my precious PIO card, and perhaps my right to stay in India, would depend on it. And, suddenly I could not, for the life of me, remember the colour of Shireen�s toothbrush, or the name of her favourite Hindi movie, or her shoe size. Fifteen years of marriage had been erased from my memory. I was sweating with nerves by the time I reached home.

    Two men were seated on the edge of the sofa, looking even more nervous than me, untouched glasses of water in front of them. Shireen was questioning them about their professional qualifications�which were not very extensive. I gave her a self-conscious kiss on the cheek and sat down. At that point, our children burst in, a dancing duet of carefree excitement.

    �What are these children?� asked the chief investigator.

    �They�re ours.� Shireen responded with a slight chill in her voice.

    �Children of both of you? They are very old.�

    �Yes, both of us. They�re twelve and eleven.�

    �How do you have children if you are just married?� I had not prepared for this baffling line of questioning�and was later reprimanded for just sitting there with my mouth open. Shireen, meanwhile, delivered a crushing blow.

    �Ridiculous (sotto voce).... This is all totally ridiculous (out loud).... We�ve been married for fifteen years.�

    I nodded eagerly.

    The two men looked at each other, aghast, and then started scrabbling through the cardboard file they had brought with them. It became clear that they normally interviewed newly-married couples.

    �Can we see your marriage certificate?� I showed it to them and was asked for a copy. I printed out a copy of the certificate, which was downloaded on my computer. They then got up and left�abruptly ending my brief cameo on Mr and Mrs�having promised a decision within two weeks.

    The following evening, a Saturday, our cook, Pan Singh, said one of the men who had come yesterday was at the gate, asking for a lifafa, the Hindi word for envelope. I asked him to invite the man in. Pan Singh returned, a little sheepish, saying the man refused to come in, but just wanted a lifafa�with our marriage certificate. And so, slightly puzzled, I printed out another copy.

    Later, I told a friend this story. �He wanted a bribe, you idiot. A lifafa is what you put the bribe in. You�ll never get your PIO card now, and he�d have been perfectly happy with 100 rupees.�

    Three weeks later I went to the Foreigners� Regional Registration Office to hear the good news, and the bad. �Your application for a PIO has successfully passed the enquiry stage,� the official informed me without looking up. �But unfortunately, Mr Miller, all your documentation has gone astray and you will need to resubmit.� I looked heavenwards and brought my hand down rather heavily on the table. �I�m sorry. We�re not computerised yet, and some of our agents are a little careless.� It may have been my imagination, but I�m sure I detected the trace of a wink in her left eye. �Probably best to apply next time you�re in London,� she told me cheerfully. I walked away presuming, but unable to prove, that my papers had been deliberately lost.

    I took her advice. Three weeks after putting in my application to the Indian High Commission in London (no interview necessary), I had my precious PIO card�together with a 15-year visa, the right to buy property in India, and, to my amusement, the ability to join the diplomats� queue at immigration at Delhi airport. This is of no practical use, because I still have to wait just as long for my luggage, but I do get childishly gleeful as I saunter past the first-class passengers.



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  • rockstart
    06-26 08:54 AM
    AILA does not care about people its an organization to take care of lawyer's interest. When you file every year the lawyer can make money every year. So be rest assured they will make some noises but will not bite USCIS.


    i am pretty sure, there wont be any fee for next 1 year, for the guys who got 1yr EAD. but, third year u pay again $340 for 2 more years. bottomline,$340 is for 2 years of EAD. otherwise there will another law suit from AILA.




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  • eb3India
    06-09 03:42 PM
    Gautamagg (Gautam Aggrwal) is Columban.

    Gautam: If you have difference with Immigration Voice's position in opposing the merits based system that gives 21 points being illegal and 20 points for having MBA or MD, then you are entitled to have that opinion, but dont peddle your agenda on this site and find another website or forum to advocate in favor of merits based points system.

    Merits based point system awards supplemental points for illegals. Being illegal is not an accomplishment. Having an MBA or MD is. The two cannot be awarded merits on the same scale.

    Merits based point system works well in countries that dont have annual caps. Like Canada. Their objective in Canada is to fill the country with younger working population in order to balance to demograph that is headed to an aging population. USA is not like that and having points system in conjunction with numerical caps will cause greencard to go to paper-tiger resumes that have lots of points but not employable. There are millions of Ph.Ds in Science in India and China and they would not be employable here but would get GCs. Just like Canada, we would have greencard holders with Ph.Ds and MBBS driving cabs. Employability has nothing to do with papers that prove how many years you spend on colleges accumalating degrees.

    A bachelor's degree from Harvard and a Bachelor's degree from Rutgers would get same points : 16 points. Is that really a measure of merits?

    But again, if you feel that point system is great, issue press release on your own and peddle your agenda on your own but dont use this site to peddle that agenda. You are free to discuss with other members but dont issue press release and dont speak to the media on behalf of IV. Speak to the media as an individual.

    The position of immigration voice on points system is very clear and it will stay that way.

    I agree with you proposed pointbased system may not be good for us, but do you really think we have resources to change legislation,

    what are we fighting for?, I think immigrationvoice is for people who are already here legally and waiting for green card, don't you think we need focus on our own agenda and stop chasing piggy back ride on CIR.

    if we can influence to streamline current processes for faster approval of GCs, itz good enough for us.

    I really don't think any lawmakers are going to take our advice when they draft these BS bills



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  • santb1975
    04-26 12:38 AM
    Stay Tuned

    Are you guys going to set up Web Fax to send support letters to our senators / congressmen? I mean how close are we to the point where this bill is up for debate?




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  • Aah_GC
    09-12 10:10 PM
    Jab fat-ti hai to IV yaad aata hai otherwise just be free rider :mad:

    Yaar fir teri hamesha fat-ti reh-ti hai kya?



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  • srik
    12-23 02:46 PM
    Hi Ram or Prince_charming,
    Just wanted to find out can you check the below msg that is what mine has been updated to , So does itmean that they just opned the case and are now reviewing and theywill update it to approved once they through or this is final msg. wanted to find out basing on the info you got.

    Thanks,
    Sri

    Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.

    We reopened this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS , and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you.




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  • nk2006
    09-12 01:31 PM
    I remember in one of Dem party primary debates there was a related question on immigration (general immigration) - Obama answered that in positive way and in fact brought up the legal/employment based immigration issue on his own and mentioned that it needs to be speed up the process and make changes so that fresh talent is attracted - ofcourse at the end he added that american interests have to kept in mind while coming up with employment based immigration system (I remember gist of his response not the exact one)- but his whole response was very positive and if I remember correctly none of other candidates even mentioned employment based immigration - they answered generic immigration (meaning illegal) issue.

    Does this mean anything - not much. As someone already mentioned both candidates are in favor of legal employment based immigration and increasing it to some extent - or atleast give some token support for this. But both of them may not take any active stand to make it a priority item - because there are other issues that people (their voters) care more about now like war in iraq, economy, gas prices, health care etc. etc. Both of them may not touch immigration until later in their term. Inevitably when they do touch it - it will be in the form of CIR and it will be big can of worms. Presidents can set the agenda and may issue limited administrative orders - but the expectation that either McCain or Obama will come out for EB community and unilaterally increase the quote or issue an admin order to solve our issue is IMPRACTICAL - and wont happen.

    Our best bet is something to happen thru Congress. And our best bet is thru some relatively non-controversial bill like HR5882 (not CIR) - yes its a stop gap measure but it does solve many of EB issues until a new CIR comes into play. If you remember the golden days of EB in early years of this decade are because of a similar visa recapture in last days of Clinton administration - we need something similar.




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  • needhelp!
    02-26 03:24 PM
    just went out and got 13 more..




    aadimanav
    06-25 11:01 AM
    just called. lady was aware of the bill numbers. wrote down zip code and mentioned to contact local congressman. Also mentioned Rep smith hasn't yet taken any stand on these bills.




    pavish
    06-13 08:01 PM
    I flew Air France several years ago.
    Had a bad experience. They had not issued a Paris-Delhi boarding pass to me in Atlanta. They said that I would have to get that boarding pass in Paris itself.

    In Paris- they refused to give me the boarding pass- stating the flight was overbooked and that I am checking in 'late'. Acknowledged that the boarding agent was wrong in Atlanta. Bumped me to the next flight several hours later.

    They have lost all my business since then. I have not flown Air France since then (and likely never will)



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