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  • jsb
    08-03 02:19 PM
    Let us say USCIS has unused visas, which they want to allocate and they have moved cutoff dates to Jun, 2006 for EB2, similarly Sep 03 for EB3.

    My question is, will the visa issuance would be in the order of Priority Dates? or Notification Dates? Recently there has been lot of pressure on USCIS to issue processing results based on Priority Dates, will this force USCIS to correct its ways and issue visas based on Priority Dates.

    I might have digressed a little bit on the topic of predicting cutoff dates but this question is lingering among all the IV folks who would be current or already current.

    USCIS procedures suggest that for preadjudicated cases, they assign visas in order of PD, which should be the case now as focus appears to be on preadjudication. However, if there are no preadjudicated cases, as seemingly was the case last year, they have no way to do it in PD sequence. In that case, they pick files case by case in sequence of receive date (not the RD on your receipt, but the date when someone entered case data, which is close to ND) which works better for USCIS (but not for us) with wide open cut off dates.





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  • gc101
    08-02 05:08 PM
    Best answer so far. One more thing, you can hold back some silly thing making sure you get RFE

    Didn't do that(For my own personal reasons). Hoping for having enough time (1 day or two max) before my PD gets current and I send in my future wife's AOS on the first day they become current. If it gets approved, I am screwed and she has to have her own GC processing.



    Also, send your application just before Aug 17th (say 15th).

    I couldn't wait, because I have to attend my sister's marriage on Sep5th, so, now, I am waiting for the receipt. I am in such a bind, looks like I aged two years in 15 days :) .

    gc101.





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  • indyanguy
    10-01 07:45 PM
    From what I can gather, from the immigration perspective:

    1. If you are on H1 - You can technically start a business but since you cannot "work" towards it, in practice it's almost impossible

    2. If you are on H1 and have an EAD - You can start a business. But if you use your EAD, you are no longer on H1. (There are contradicting views on using EAD for PT while still maintaining H1. For now, this is a grey area)

    3. If you are on EAD -
    a. If you plan to work on your business on a part time basis and stay with your sponsored job full time, I don't see a problem with this.
    b. If you plan to work on your business full time, you might have an issue with a RFE at the I-485 stage as you would have used AC21 for self employment (Some people say this is okay, but it depends on your risk taking ability)

    Thoughts?





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  • jonty_11
    06-28 12:21 PM
    at least they are approving 2003/2002 PD applications as we have seen.....now that surelymeans they are working a little bit....
    Whether they are short on staff, or whatever teh reason maybe, the bottom line is our complains to any higher ups/Senators..etc will just fall on dead ears as we are not the Voter Base.....



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  • kartikiran
    01-22 10:26 AM
    Pappu,

    Thanks for the response.

    Not to offend anybody. but if you take a look at the sample of this thread as you can see the topic of discussion has moved from an action item to statistics estimate.

    I admire IV and all its administrators, because grassroots efforts are never easy. IV along with its admins, has definitely had done a lot of hard work to reach to this stage.

    At the same time, I would appreciate all senior members, and whoever reading this to keep the discussions more as a follow-up on action items.

    Irrespective of statistics and the decision-makings of USCIS, it is very evident that some form of law changes must occur to clean-up this GC process.

    As step 1 is bring an awareness among senators/congressmen and including the president that there is a problem that exists. I think this must be the only focus now to bring the problem in front with all the other problems that exist right now in front of the american politicians.

    Again my 2 cents.





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  • PrinceVA
    04-19 03:26 PM
    CHANGE - That is all that is left in my pocket

    Can I Please borrow some ? :)



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  • abracadabra102
    08-22 02:10 PM
    hey aadimanav,

    If the legislations dont change - my estimate would be even more than
    7 years (come on they already have 500k pending app before this 300k
    July2nd boom).

    What Franklin said very logical - very realistic !

    Thanks,
    Diptam

    Hi Diptam,

    You spoiled Aadimanav's day already :D:D





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  • frostrated
    07-02 01:02 PM
    That's why we couldn't solve all the admin related issues then. If we had significant volume, we could have had visa re-stamping done in USA and the list goes on.. Any ways, I don't mean to give numbers.. But as long as we are on the same page that volume speaks and we don't have enough at this point of time, I am good.

    We need a mass movement to make an impact. They need to get frustrated with the letters and will have to give a press statement that they are reviewing the matter. As long as we can do that. I think we can get DOJ attention. If 5K members send letters 10 times in 2 months, I have no issue, as long as we can annoy them with letters for justice..

    Maybe if we can repeat the flower campaign, and send the flowers with a note attached to the DoJ, they might get to notice it. Or, we can send the flowers to the president to appraise him of the issues that face us. What we do need to stress is the fact that dependents are being allocated immigrant visas that actually belong to the employed applicants, thereby creating a larger backlog. In effect, rather than 140K visas being issued to employed applicants, about 70K are being issued and the rest going to dependents. any thoughts?



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  • gc_mania_03
    08-16 06:30 PM
    All the way one keeps thinking that you are free to start a business, look for more exciting opportunities, go work in starbacuks...( yeah all that )...once you get a GC..

    But, now everyone is talking about again sticking to the sponsoring employer, a green card being revoked while entry...and umpteen scenarios...

    So, where does it end..when can one really feel you can flex yourself and do something without worrying about my employment history...





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  • walking_dude
    03-18 12:08 PM
    Thanks for 'thanking' us. :-). We don't get it much here.

    It's a well documented point that face-to-face meetings have the best chance of influencing lawmaker decisions [based on survey of Congressmen offices]. Letters come next and E-mails with addresses come the last. E-mail by anonymous senders are ignored. Hence the insistence on more face-to-face meetings.

    If you don't know it already (which I doubt), sending a large number of anonymous E-mails, and making a large number anonymous posts in any forum is considered SPAMMING. IV will never participate or encourage such SPAMMING activities which will harm it's reputation (and don't help the cause too!)

    If you think President is too busy to read our letters, why do you assume Bernanke is having all the time in the world to read anonymous E-mails and letters? He should be super-busy monitoring the BAD economic situation.

    Regarding, "EB2 (I) and world advancing" if the trend continues its a good news for many, and lesser wait times for others. However, keep in mind that the swing will reverse soon, and dates will move back once we reach the end of the year (oct). PDs will be swinging wildly back and forth , like a pendulum, from now on. But don't count on it helping you. It's like a lottery. You may get it, or miss it. Until visa numbers are increased ,a large number of us, unfortunately, will continue to be stuck in the backlog and will be motivated to participate (once we have missed it for 2-3 years, we definitely will be more appreciative and more active).

    No need to make melodramatic statements like these "people who oppose an idea(and take extra effort to shoot it down) are much worse than those who do nothing ". Nobody here is stopping you or others from doing what you deem right. We are just "suggesting" that it's not a good idea. You are free to ignore our suggestions, and do whatever you like. We too have the "freedom of expression" to make suggestions. Don't we?

    first of all a big THANKS !! for doing the above. so basically we come to the earlier point - if there are not enough dedicated members (due to laziness, family priorities etc etc) then we can try the next thing i.e. send letters / emails to whoever cares to read them and pray that something happens.
    as of now (and in my knowledge) IV is only sending letters to the President - who is obviously a busy man and maybe the letters dont even reach him.
    and hence maybe IV should start campaigns to send emails / letters to other important people (Ben, Paulson, Realtors association etc etc ) and hope that the word reaches important people.
    there is bit of urgency too ..as EB2 (I) and world start to advance ..you will get less volunteers (who take the effort to write and email)... let alone people who will take a day off to meet congressmen.
    maybe people can just send emails or post messages related to legal immigration on websites which have articles on housing, economy etc ..what is needed is leadership at top to direct people (rather than concentrating on one campaign only)
    people who oppose an idea(and take extra effort to shoot it down) are much worse than those who do nothing ..



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  • coopheal
    10-07 02:17 PM
    India Was in 1998 for some time. Not sure if this is right "IN - 1/1/2002 7/1/2001" .
    Well in Jan 2005 VB IN was 1/1/2002.
    It was the time when priority dates were added.





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  • sathyaraj
    11-08 08:36 AM
    Hopefully we will continue the fireworks before this yr to get the visa re-capture and increase in EB visas.

    Happy Diwali to everyone!!



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  • unseenguy
    07-05 01:21 AM
    Why would any US citizen want to become an Indian citizen while the whole world is dying to become a US citizen? I think this has to do something with parents trying to save money by not paying Indian Visa fees.

    In anycase the law is right - once the kid is 18 and able to make a decision...let him/her decide at that point if they want to renounce US citizenship for Indian citizenship. Parents should not be able to make that decision for them. :mad:

    Why not? Although I have applied for GC, I have no desire to take US citizenship, just to let you know. The majority does not mean the whole world and also does not mean everyone. There are Indian citizens that love India. Parents should be able to make decisions for their kids until they are 18. The kid can take US citizenship when he is 18 if parents have opted for Indian citizenship.





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  • meg_z
    03-02 07:48 AM
    Second check will be there over the weekend. Thanks.



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  • HawaldarNaik
    10-07 10:03 AM
    USCIS has specified that they would have processed all the records into a single database by 29th October.

    Does this not mean that there could be a forward movement in the Nov bullietin ?





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  • vinodmp
    02-11 09:59 PM
    **************
    - Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned. --> just found out that it did say BS+ 5 exp is ok - USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
    - Sponsoring employer revoked approved I-140
    - USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
    - USCIS denied the pending I-485 based on incorrect I-140 approval

    If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.

    **********
    Since the application do say BS+5 years and I have copy of the Edu evaluation which says Master equivalent , I do see a good chance now to re-open the case .

    Mine is not a labor substitute. ( just to clarify)


    Thanks
    -vinod



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  • glamzon
    09-11 03:40 PM
    Already posted .. Thanks anyway





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  • clear485
    07-04 03:06 PM
    I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
    My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
    I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
    I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
    Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
    What are my options to avoid a NOID or denial
    Thanks in advance

    You will not have any problems since you already submitted AC21 documents (keep certified mail receipt with you).....so whatever your attorney said, it is correct....you don't need to worry.....even your employer withdraws your I-140 it won't be having any problem.....it happened in my case....I have sent AC21 docs....after that employer withdraws I-140.....but nothing happened to I-140

    "Ability to pay issue" is right in employer's view.....he can able show the ability for one more application if he withdraws your application.....

    How did you find your file was not updated AC21 docs..... better way is go to local USCIS and asked your attorney name whether it is the changed one or previous one if you have changed them.....call I800 and asked them few details like attorney name and company name etc..... see some times they won't reveal any info....you have to find out the way to get right answer (like tell them old attorney's name and say didn't get any updated information about your case etc)....





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  • JunRN
    12-19 02:01 PM
    Mine is just 4 days.

    Nov. 23 - Card Production
    Nov. 27 - Approval Notice Sent
    Nov. 28 - Card in the mailbox





    punjabi
    09-22 12:07 AM
    Sorry, but I don't agree. This can get annoying. Sending flowers was a different thing a super brilliant idea...but bath-stoppers...where will the USCIS Director forward those?
    :-)





    priderock
    04-11 11:34 AM
    Why don't you setup "Just an Indian" forum so other nationals don't need to participate anymore.

    I was talking about this THREAD NOT FORUM.

    ps: This is my last post in this thread. (perhaps forum)



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