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  • GC_1000Watt
    09-25 05:47 PM
    Check out this link:
    USCIS: National Processing Volumes and Trends (http://dashboard.uscis.gov/index.cfm?formtype=9&office=4&charttype=2)

    This shows the I-485 national volume on july 2009.
    Seems like a long wait??

    PD : Dec 2007





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  • BharatPremi
    12-13 05:15 PM
    Isn't there any Indian lawyer who is a member of IV and can give some direction to this discussion?

    Yes, some law professional should really enlighten us for this deep waters.





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  • Mount Soche
    02-14 08:30 AM
    Bestia,

    This is bigotry. Stop using other countries (Sierra Leone or Kongo (spelled Congo FYI) as scapegoats. Obviously, your country isn't so great or you wouldn't be on this forum trying to immigrate to the U.S. Plenty of people do immigrate to the Congo and Sierra Leone FYI...I am not attacking you but it is incredibly insensitive and ridiculous to point to other countries in that way - where are you from that's so perfect?

    That's an old story. The answer is: "if someone commits a crime, it doesn't give you right to commit crime".

    Why not go back and say "Well, Homo Sapiens themselves 150,000 years ago migrated to Europe from Africa and exterminated native Neanderthals. So why don't we just go and exterminate Europeans today and take Europe?"

    If it wouldn't be Europeans, there wouldn't be technological advanced United States and we wouldn't want immigrate here. We are not migrating to Kongo or Sierra Leone, don't we?





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  • JA1HIND
    02-13 05:01 PM
    No one would learn to walk if their parents were afraid they would fall.

    The young grad has more fire in him than a seasoned vetran. I think we need more fire in this case than just experience.

    now are going to have a poll on this one too?? LOL!! :D



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  • GCVictim
    08-25 04:14 PM
    Dear Immigration Attorney,

    My wife went India with her existing AP (not shown at airport), She already applied AP renewal before she leaves country. Can she come back to US using her new (renewed) AP? i.e. If I mailed that renewed approved AP to India,will she come back (carry) with that renewed approved AP.


    If she comes with renewed AP, Will that effect anything with I-485 file?





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  • Macaca
    07-03 09:01 PM
    I will need everyone's input since I don't know all issues.
    Titles

    "Immigration scandal goes unnoticed" or "USCIS drama and tantrum to lessen workload" or "Is this legal?" or "Resignations due at USCIS" or "Foul Play synonym USCIS Play" or GOVT "AGENCIES SHORT CIRCUIT A MILLION HOPES" or "The US govt. does a number on High Skilled Immigrants" or "Legal immigrants and the prison of USCIS" or "Door slams shut for highly skilled LEGAL immigrants in the US" or "US closes the door for highly skilled LEGAL immigrants" or "US isolates highly skilled legal immigrants" or "Broken Legal immigration system harmful to US competitiveness" or "Legal Immigration system in shambles" or "Flip-Flop: DOS & USCIS in cahoots?" or "USCIS betrays thousands of hopeful"

    Retrogression in employment based (EB) legal permanent resident (= GC) process

    Skilled tax paying immigrants
    Adjustment of Status (AOS) is last stage in EB GC process

    AOS application requirements

    Application requires

    Medical

    increase in (hard to get) appointments across United States
    Some had to take MMR vaccine and hence postpone their plans to have kids by 3-6 months as recommended by NIH. (newbee7)

    Birth certificate

    request for documentation in country of origin


    Requires applicant and dependents (spouse + children) to be in country.

    Some applicants and/or dependents had to fly in to be able to apply. (chanduv23)

    2-3 days to prepare forms

    Applicants changed their schedules to submit forms

    Cost of applying

    Application Fee

    I-765 (Application for Employment Authorization) $180
    I-485 (Application for Adjustment of Status to register as Permanent Resident)
    ($225 for applicaiton below 14 and over 80 (Should check on this)) $ 325
    I-131 (Application for Advance Parole / Travel Document) $170 -
    Biometric Recording Fees (Finger Printing, etc) $70
    Total $745

    Lawyer Fee $1000+
    Others

    Medical $250+
    Pictures $30-40
    Postage $50
    Misc $50
    2 Days off Work
    Overseas travel to fill form


    Looks like only $380+ is lost per applicant.

    Need good estimate on #dependents!

    Benefits of AOS application

    provides Employment Authorization (EAD) that

    allows applicant to change employers 180 days after filing AOS, if the new job is the same as the one they based their positions/original GC applications on. This is very important for applicants, who are bound to a particular employer for 6+ years due to GC processing delays.
    allows spouse to get out of the house and contribute to American economy.
    eliminates the need for continually renewing temporary skilled visa

    A 21+ year old child can not be filed with primary applicant. However, once AOS is filed the child is "safe" regardless of how long USCIS takes to approve AOS. (My son turn 21 in mid-January 2008: darslee)
    provides Advanced Parole (AP) for travel without visa -> saves Embassy overhead
    application processing, which includes name checking that can take 1+ year, can be done while waiting for GC #.
    USCIS gets a better load estimate for load balancing.

    What happened

    Applicants started filling forms on June 13th
    Some applicants mailed forms on June 29th
    USCIS announced on July 2 that it will not accept forms recieved on or after July 2

    Why does it hurt

    Waiting in line for 6+ years due to previous GC processing delays
    Very little chance of legislative relief for a long time.
    Rejected June filers can not re-file.
    Some applicants did not file in June (due to prior engagements) because they had the option of filing in July.
    $'s lost on re-applying

    Lawyers who charged $1000+ for filing will not refund service fee and charge for additional processing
    Medical will not be valid after 1 year and photos will not be valid after 6 months.

    estimated expenses for at least 100,000 applicants is $6,000+ million in filing fees, medical examination expenses, incidental expenses such as travel, photocopying, phone calls, courier, etc., not including the 2-3 days of preparation time expended by each family as well as lost productivity experienced by applicants’ businesses due to absence from work
    Fees increasing 66% starting Aug 1 2007; should consider July applicants under old rate
    USCIS which is supported 90% by application fee should pay some attention to applicants
    Special cases

    I applied for H1B extension when my PD was current. Since my PD was current, I got 1 year extension. However, I could not apply for AOS. Now, I have to re-apply for H1B extension after 1 year. (??)
    I could not apply in July. I had planned overseas trip on July 8th. What happens if my date becomes current before I return? (andyny73)


    Individual trauma and stress

    Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. This update sets a terrible precedent, and undermines this nation’s efforts to foster legal and orderly immigration.
    Patience is not just a virtue but a way of life for millions of legal immigrants who have been living in US for 6+ years. Besides everyday stress of job, mortgage, health and education of their children, they live with the added suspense of their GC application. (from vasa)
    We are raising families here, our everyday life is no different from any other AMERICAN middle class family with same expectations and hopes. So it is not easy to presume that we can pull out or get out of this situation and return to our home countries. (from vasa)

    The biggest loss is trust: Can we trust and rely on visa bulletin to prepare AOS application?
    Applicants will always live in fear untill they receive receipt #

    USCIS history

    376, 345 GCs went unused from 1992-2006 mainly due to USCIS inefficiency
    According to page 35 of ombudsman report, This loss of visas is due to:

    gaps in USCIS’ accounting of cases;
    USCIS not processing enough pending applications in a timely manner; and
    the imprecise art of predicting workflows and demand surges at three federal agencies:

    Department of Labor (DOL) (approves labor certifications);
    USCIS (processes immigration petitions after completion of labor certifications and processes green card applications for applicants in the United States); and
    DOS (establishes priority dates and processes immigrant visas from applicants outside the United States).



    Comparison with Undocumented



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  • sayantan76
    12-17 04:58 PM
    Is the new Obama Administration going to consider "Instant GC" if we buy a House ? I'm thinking about the huge inventory of vacant house and how many could be bought up by GC holders... Its probably a fraction - Isn't it ?
    At the risk of getting red dots - few critical roadblocks come to mind:

    1. The crisis right now is way beyond housing - its about basic issues like employment, consumption and credit (buying vacant houses does not raise employment) - fundamental issues would need to be addressed first before Govt can do something that even remotely looks and smells like (howsoever untrue it might be) giving preference to immigrants over Americans. Also what happens when renters enmasse vacate apartments and buy houses - it drives rental companies into bankruptcy - so catch 22 - no?

    2. Credit criteria have been made very stringent by banks and lending institutions - so a lot of people may not qualify.......many people are in risk of losing jobs - they may not want to convert their liquid savings into a 20% illiquid (houses dont sell overnight and you cannot convert your investment to cash easily) downpayment towards houses....so not sure how many will actually want to spend that money now.....what if you get ur GC by buying a house and subsequently lose job and cant find alternative job - house cant feed you and the family nor can it pay mortgages.....

    3. Any legislation that goes against principles of natural justice and creates an elite class based on financial criteria is difficult to pass through legislature.....





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  • unseenguy
    06-12 01:12 AM
    You will be considered as anti immigrant if you support any of restriction to H1b or Grassley Bill even if the they are good. Even recapture is passed that will not resolve the problem unless the numbers are huge.Recapture bill will give only limited releif for limited time. If we want all of the problems of High skilled immigration system needs almost unlimited GC numbers and also huge expansion of H1b. That will be nearly impossible for atleast next 5 years or more.
    If anyone is having good skills they will escape whatever the restriction they put for H1b. More restriction bad apples will be filtered. If H1b number goes down by restriction waiting time for GC will go down. Most persons will get GC within 2 to 4 years time at the same time best and bright will come here.

    So you are indirectly saying, you got GC because you are best and brightest?



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  • venky321
    01-14 12:25 AM
    Is this Memorandom final?

    If yes, then the options for them whose employer is consulting company and the employer is not direct vendor to the client are as follows:

    1. If status is H1B, then join direct client of the employer or switch employer having projects with direct clients.
    2. If maintaing H1B status and also have EAD, then switch to EAD ASAP because this Memorandom is for H1B (renewal/extension or Change).

    Don't think working for the direct vendor will help. Read page 6 of the report; it will be hard even for the direct vendor to show control over the employee.





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  • PlainSpeak
    01-13 02:11 PM
    IV works in the interests of both EB2 and EB3 as amitjoey mentioned. we cannot create a Bill to get relief for only one category.
    There already exists an very small, unsuccesful org for just EB3 that core is aware of, and they consider IV as their competitors because
    1. They do not understand and know nothing of how IV works (just like plainspeak)
    2. They want to get donations and members away from IV and make money

    These statements give her away. This is what they do try to pressurize IV to do their agenda. Enough said. Ignore the sales agent. They are trying to incite a fight between EB2 and EB3 just to split IV.

    The other posts were just a diversion to show you are not completely rogue. You just have a single agenda - to promote your organization.
    Wow can one person with an idea make such a difference or is IV an organiation with such a deep sense of hostility that they see enemies everywhere

    I am a simple person who does my job and helps people when i can and yes like every human i have ideas and hopes. Now when i get an idea about an invention i would go to the patents forum and when i get and idea about say investing i would go to an investing forum. Now when i got an idea related to immigration i have come to the forum which stands like a beacon for all immigration community or are you incapable of recognising the fact that that IV (and that means all you guys in in) is big hugh and was doing the right thing when no one else was.
    Even now i do not think what IV is doing is wrong. I have differences with the outcome of their approach becasue i feel that this approach wil be bad for EB3. Out of all the people commenting out here there has been NOT even ONE person who has tried to understand the reason for why i feel EB3 is going to get in bad shape. Not one has tried to understand what i have been trying to say that NO big or small immigration bill will pass anytime soon and this will lead to EB2 retrogration which will be going against the statement which all you people like to say that is that EB2wil become current and EB3 will get better later so do not rock the boat
    And yes i choose not to donate and participate because on principle

    There already exists an very small, unsuccesful org for just EB3 that core is aware of, and they consider IV as their competitors because
    And yes i am sure there are many such organizations which may have been started as competition toIV and are not succesfull. Now if i was a fool i would go down the same path but i am not and i have realized that IV is the only vehcial of change. Now when IV tends to speak of EB retrogression they are sepaking on my behalf and when they are doing something on my behalf and if i feel what ever is being done is being determintal to my GC case am i not supposed to even ask IV.

    So let me get this straight you are using my GC case as a reference in your charter and i have no say in what you do with my case. I wish i had a lawyer to back me up on this. Just Kidding!

    1. They do not understand and know nothing of how IV works (just like plainspeak)
    2. They want to get donations and members away from IV and make money
    Hey keep your money to yourselves i do not want your money. Hey if things pan out i might even start contributing to IV.

    These statements give her away. This is what they do try to pressurize IV
    You guys are so pathetic and lame. Do you think anyone needs a plan to scare you guys. All i did was start and email thread which had nothing scary, no abuse, no threats only a request for discussion and also and understanding that things may not work out and with all this 3/4th of you guys are running around scared like headless chickens and using abuse and threat.

    So take my word for it. You guys are a bunch of scardy cats. I am surprised how you do lobyying. Must be some realy tough guys and gals in the core team otherwise you guys would have destroyed IV by now. Please do not try to get into core and destroy it, they are doing a good job without you knee jerk reactionist spoiling it for them

    The other posts were just a diversion to show you are not completely rogue. You just have a single agenda - to promote your organization

    Do you think some one would go to all this length of providing helpful posts and do all the drege work all to just convince you. Please do not think so high about yourselves. As i said before to scare you all i need to do is write one post and that is not my strength that is you guys weakness whcih is on display here.
    And what single agenda and organization are you talking about as far as i am comcerned there is only one organzation for EB Retrogression relief and that is IV
    All my other posts are genuine and they have been written because in some cases i genuenly fell the need to speak up seeing how you guys shoot down anything rElated to EB3 without seing the merits and pros and cons of it and in some cases i felt i could share info with someone who was looking for some answers whcih should have been answered by you guys but all of you were busy abusing my other posts. Actually i takethat back there were some other people from iV who repliesd back so sorry about that.

    Why is it so hard to understand that this is a genuine person with a genuine query not some anti imigrant or competitor to IV. You guys are like the CID in Mash 4077 (google that if you want calrification) who see enemies of the country everywhere and are paraniod about everyone.



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  • Marphad
    06-16 04:33 PM
    Nice well thought out arguments. This is the essence of a healthy debate.

    Guys,

    I don't understand why we are doing this debate. Dilip (citizen's representative - dilipcr) feels that living standard is going down coz of H1 & L1 people and not because of 2 wars we are fighting. He needs help. You can do it by not answering him.

    PLEASE STOP!





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  • vamsi_poondla
    02-14 12:51 PM
    Watch and see how fast the Michigan government will start issuing DL to H1B holders and to those who has pending I-485.

    http://www.aclumich.org/modules.php?name=News&file=article&sid=567
    https://www.aclumich.org/pdf/licensecomplaint.pdf

    A new ruling is different than challenging an existing rule. So, we cannot compare with DL Issue. Name checks, I don't think it is logical. But at the same time, it is not with sinister design as well. Latest memo doesnt admit that they introduced this to screw us. It happened consequentially due to delays, less funding allocation and other processing slack. (BTW, I think MI IV Leadership team did a wonderful job for the DL Issue.)



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  • SDdesi
    07-28 08:17 PM
    I still believe in EB2 will try to catch up current by next October.

    My analysis shows a similar result although it could be off by about 6 months. I was a little surprised to see a dip in LC approvals in 2005 and there was a recent news report that 2008 also shows a similar dip indicating the declining incentives to keeping jobs/people here. If the current trend continues, we should see more visas available for the backlog reduction and more GC approvals should come in 2H09.





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  • sodh
    01-28 07:28 PM
    Thanks for the clarification msyedy, and your valuable time.



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  • qualified_trash
    06-21 03:11 PM
    Friends,

    Don't waste your time on this. The American employers will never agree to this as LC belongs to them and they don't want to waste time, money and effort again and again. The only problem I see is our desi consulting companies misusing this privilege.

    I would say lets not waste our time as DOL/USCIS is trying to formulate ways to check 'LC Substitution Fraud'. At the same time they don't want to penalize the legitimate substitutions where an employee is already working for the same company for years.

    fighting retrogression and 485 filing during retrogression are important than this.

    Its my opinion only, pls take it on a lighter note...

    - Rishi
    very true ..................... but it is legal so ......... maybe we should all use it.

    I know for a fact that this happens in companies (IT - product development and professional services) and I know this because a friend of mine (our kids play together these days so VERY close) was a beneficiary of such an LC and today has a GC and perm job to die for.......... I ofcourse will NOT disclose the name of the company or person for obvious reasons..........

    He worked hard during his MS days to make it here and is just reaping the benefits of his hard work and ingenuity in identifying the opportunity in a legal system gone kaput.......... so no fault of his.





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  • boreal
    07-30 06:14 PM
    Travind I am not close to the family anymore I made the dude so uncomfortable he stopped calling me. Here are some avoidance techniques, but you need to be ballsy to pull them of and never exceed the limits of decency and you must have a sense of timing and humor to do these. I have used these techniques myself for avoidance
    1) Stare at his wife or sister and constantly compliment their looks, cooking, chai etc
    2) Make lots of sticky notes with their quotes in the meetings and stick it on their walls
    3)Break your pencil or pen at the meeting and loudly say cuss words like "shit that is good"
    4) Itch nervously when they approach you in any location they will leave you thinking you have some skin disease.
    5) Cough without closing your mouth directly in front of their face
    6) Wear ghetto clothes when you go to the usual locations they avoid you like the plague (sorry guys who wear kurta with jeans and leather chappals you are the most obvious target)
    7) Borrow cd's, dvd's etc and never return them or their calls they are bound to be nice since even in the worst case they are still trying to sell to you.

    There are more things to do but i'm guessing some other people will post their experiences , just one word of caution do not extend your torture because these people are human beings who have been proselytized by their diamonds etc that they dont realize and don't worry they will not learn from you.

    Stop this you idiot!! And everyone else, please stop this as well. Dont you have any limits? Any iota of decency left in you? Yeah this thread started out as a good humor/info thread but now it has degenerated to such an extent - oh my God - and ppl supporting this guy are all supposed to be highly educated?

    No, i am not amway, hate them with the same passion - but I know how to ignore them - and also I know how to be decent and HUMAN!

    If someone wants to say that they are kidding by supporting this guy, then let me tell you something. This is NOT funny!



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  • lc2004
    09-23 04:22 PM
    the day this becomes law..it would be better for all of us go home, bcos tht means lawmakers are ready to do anything to get some money and they know this country has gone down beyond repair.
    and the day it becomes law..i am sure the situation in this country will be so bad tht most of us wont even have jobs at tht time.





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  • arnab221
    06-11 04:13 AM
    At least Mr Oppenheimer has told the truth that it is curtains for EB2 and EB3 India and China and brought all the hopefuls to the ground . Passing CIR is a distant dream.

    Thank you Mr Oppenheimer ! At least you had the guys to spell out the bitter truth , so that we could plan accordingly and plan our return .





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  • rahulpaper
    06-28 06:10 PM
    and everyone started having a sane discussion...

    hope fully this would help
    http://www.imminfo.com/resources/cissop.html

    Read couple of pages forward....thanks Ramba

    All you guys forgetting main thing. Visa bulliton is not a law. It advises consular posts and USCIS to accept and approve 485s and schulde interviews in consular posts to issue IV. It is just a advisary notice to other federal agency by DOS. It is not a binding document.

    The law is "an immigrant visa should immediatly available at the time of filing AOS application" . If visas number is not available on 3rd july, DOS has a right, under the federal law, to advise USCIS and consular posts to stop accepting and approving any applications and stop issuing IV at consular posts on any date.

    If you need more evidence, browse the adjudicator field manual for 485. It says "unless any interm notice issued by DOS, visa number is available to all in entire month". Therefore the key is "unless any interm notice issued by DOS". If DOS issues notice to USCIS on June 3rd, USCIS has to stop accepting any 485.





    _TrueFacts
    09-04 01:43 PM
    May he rest in peace...

    Shree..don't worry God will give him due treatment..





    PlainSpeak
    01-13 03:16 PM
    Calm down Girl. relax. atleast you called me your friend. freinds dont fight. just take it easy and relax. take a nap, you will feel better.

    Sorry if i said some thing wrong.

    Your friend

    MC
    Mr Michael chertoff - do you know what happens when you act fresh with a gal.
    You either get a slap or a kiss. I have not made up my mind about either way but you need to keep on your toes

    You know i think i can see you as a friend (And no i donot need your support in becoming an EB3 representative gosh gc_dreams needsa smoke or coffe or something) and as a friend i will say something

    Please do not patronize me by asking me to take a nap.

    Other than that you are one person on this forum who lets just say has my respect