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  • natrajs
    09-29 09:38 AM
    Do you see any possible forward movements in Nov 08 bulletin? EB2? EB3?
    Any educated guesses, rumours, inside news etc? Not that it will change anything but by now USCIS would have taken stock of the situation and possibly updated their demand projections

    Here is some historical data for EB2-I (not that it will exactly help..)


    oct 05 - nov 99
    nov 05 - nov 99
    dec 05 - july 00
    jan 06 - jan 01
    .....

    oct 06 - jun 02
    nov 06 - jan 03
    dec 06 - jan 03
    jan 07 - jan 03
    .....

    oct 07 - apr 04
    nov 07 - apr 04
    dec 07 - jan 02 :)
    jan 08 - jan 00
    Feb-Mar 08 - U
    Apr 08 - Dec 03
    May 08 - Jan 04


    Guess What from NOV - 08 to July 09, the VB will have older Cut off dates and after July 09 DOS will open the flood gate and move the cutoff of to 2007 or even 2008.

    USCIS will start approve the cases with later PD's and the leave the older PD's on the air.

    It is a mess. I don't have any trust in USCIS





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  • xyzgc
    01-14 08:18 PM
    USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. For them "Receive Date" is not what you see on your receipt, it is the date they physically received the case (thus if case is moved from one center to another, meaningful Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".

    PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.

    This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.


    Disagree, the reason you see lot of cases with (older PDs but later RDs) still awaiting approval is because when the PDs were current these cases were still not ripe (e.g: they were waiting name check clearance).
    Some of them became ripe after the visa numbers were assigned to cases with later PDs and the visa numbers got over.
    There are multiple queues in the system with a backlog at each queue, so some out of order processing cannot be ruled out.

    If a PD of EB2-I 2003 is still pending, its because it was stuck in some other queue before it could even be assigned a visa number and by the time it cleared that queue, the visa numbers were all gone.

    Bottomline, if your PD is not current, you won't be assigned a visa number, no matter what and if it is current it doesn't mean you'll immediately be assigned a visa number, unless of course your case has cleared everything else. With the reduction in FBI name check processing time and the BECs, one can hope the process is much more streamlined.

    The main problem with USCIS is lack of proper prediction. If there are very few ripe cases currently in the pipeline, they immediately open the window too wide, not understanding is that there is deluge of cases with older PDs that will *soon* become ripe. That is where everything goes wrong - their prediction is either too conservative or too liberal.
    However, I disagree that PDs cutoffs are not honored.





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  • immigrant2007
    06-30 12:54 PM
    Visa recapture cannot happen with an administrative fix. Anyone who is telling you that visa recapture can happen by some admin fix or through a lawsuit is simply lying, possibly just to grab your attention. We have been repeatedly told by the administration that recapture cannot happen by an executive order.

    A few days back a group of disorganized folks were writing to USCIS Director asking him to recapture. That is just a waste of time because CIS director cannot do recapture. Even Presidential executive order cannot recapture unused visas. It has to be done legislative because recapture will require change in the law.

    We do not mean to dampen your enthusiasm but please do not expect for something that cannot happen. Recapture cannot happen with an administrative fix. In this admin fix initiative we are working on other possible good provisions that are possible.

    I am not sure about this but one thng can certainly happen with Admin Fix.
    Porting of applicant who have stayed long enough in (EB3 to EB2). EB3 15 years experience and still counting and stuck and uncertain porting rules and AC21 doesn't make sense at all.
    Or
    AC21 rules or some other fix giving relief to people stuck in GC unnecessarily.
    USCIs can make these fixes but they dont want to do it. Its simple





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  • thamizhan
    07-19 09:49 AM
    Let us poll here only for Nebraska Service Center 02-July filers and find stats to estimate the timeline



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  • DDash
    09-08 03:16 PM
    Sanju, add78 and FinalGC and others...great points...Thanks for sharing your thoughts. I am in similar boat as the OP. Its just that I already ventured out and now I am working as an independent contractor. I have a layer to go through between the Client and my employer (Desi).

    Big consulting firms could charge 180, 200, even 250 to the client depending on the market rates for the particular skill set. Like most of you all mentioned, they do because like you, they want to make money as well. They have a bigger obligation of making their stakeholders happy. They do lot more than an average independent contractor do. They establish contacts mostly not at the middle manager level, but at the CEO level. As a CEO/CIO of Deloitte/IBM they have better access to CEO/CIO of the client. As it is pretty obvious, CEO/CIOs of the clients actually make/break decisions. So they are generally more successful getting big dollar projects. Once they secure a project, they obviously tend to place their employees on to the projects. Occasionally, they also hire sub-contractors AKA independent consultants when they don’t have enough internal resources.

    I am looking for ways to be a successful independent contractor. I believe, networking and building a reliable set of people who can help you is very important. But the challenge is, it is not easy to find people who are reliable and who will ACTUALLY help you land a project. And of course it is not easy to stay in touch with everyone (at least for me).

    To OP: I think you will have to decide what you want to do in your career. If company sponsored training, marketing, working on cross platforms/applications, stability, "company name on your resume", etc is important, you will have to compromise on the money. If you want to make quick money, take the plunge and jump in to independent consulting. You can potentially double your salary. You don’t have to have a G.C. to be a independent contractor. G.C./EAD certainly helps but not a requirement.Find a good desi employer who will support you and who will pay you "your share of money", find a good stable project and you are good to go. YOu can save money on taxes as well. But then the downside is, you pay for your own training, traveling and benefits.

    End of the day - There are pros and cons on both sides of the world. Pick your choice, you will have to compromise on the cons.

    BTW: I have to agree with Sanju on the commissions/under the table transactions that are reality in the consulting world.





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  • sprajulu
    08-26 04:10 PM
    EB2-India-PD-Dec2004



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  • gk_2000
    04-21 07:41 PM
    I dont disrespect females...anything wrong with that?

    Did I say that you disrespect females? I dont think so. But what gave you that idea?





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  • burnt
    08-28 07:29 PM
    Despite all my attempts, nothing happened at NSC. The last resort, Local Congressman helped. The staff did an excellent job, resolved the issue in a matter of hours. Not only my EAD was approved right away, they also arranged a Letter indicating that my case was approved, so that I can present it to my HR.

    Before I called the congressman's office, I did have very little or no hope, as I went thru many things. This is a very happy ending.

    Thanks, and if anyone in the same boat, pls try all your options.

    Good Luck
    Is it a good idea to contact the Congressman even when 90 days are not over. My EAD expires on 18th September and 90 days will get over on 24th September. I have already put in the expedite request with Texas, but haven't heard since then, whether its approved or not. Please suggest what should I do?



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  • VivekAhuja
    03-18 06:05 PM
    10000 more homes is nothing. This is not INDIA. The economy is so huge that 10000 homes is a drop in the ocean. And is the Govt. going to believe that all 10000 immigrants are going to buy homes? 75% of them won't qualify for new mortgage rules.

    Plus, what is stopping you from buying a home right now?





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  • stuckinmuck
    05-28 02:56 PM
    Hi,
    I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.

    The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.

    I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.

    The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.

    Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.

    Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.

    My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.



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  • singhsa3
    12-12 10:22 AM
    I support this idea most.
    I agreee with the spirit of things - that multiple ways of expressing anguish, disgust, frustration is required.

    While we have to keep generating funds and doing the lobbying, the frustration of the members must be "used".

    Here is my suggestion (and this was mentioned by someone earlier also) - let's send the criss-crossed and blackened photocopies of our degrees, patents, publications etc. to the congress and other authorities as a symbol of how useless these are becoming as we wait for GCs. We can coordinate the event such that everyone's reaches at around the same time.

    Again, all I am saying is that we can do multiple things to gain attention and make our point, and these can happen simultaneously with the other activities ongoing at the State chapter level.





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  • pansworld
    12-11 10:41 PM
    I would support a day of fasting as a mark of protest to draw attention towards the broken immigration system.



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  • arunmohan
    05-24 11:37 PM
    Hello,
    I would like to request core members to please prepare one web fax for H4 people who are stuck in green card logjam.this issue should also be put in limelight now.I request all other members to help draft a letter for the same.





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  • natrajs
    08-25 11:36 AM
    Hi all,
    my priority date is jan 2003.first ours was at TSC and then it was transferred to VSc and now it was transferred to TSC.

    Take all the options available to you ( congressman, ombudsman, senator, calling USCIS and infopass appointment)

    You may also ask your attorney to send a letter USCIS through AILA - liason office.

    Best wishes, I hope you get your GC this time.



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  • eb_retrogession
    01-09 09:30 AM
    Greetings.

    I want to take this opportunity to introduce you to this new effort taken up by a group of people badly hit by the immigration delays or we can say immigration black out in U.S..

    http://www.immigrationvoice.org is a banner under which we are getting together to
    1) Find solution to employment based greed card retrogression
    2) Labor delay in the backlog centers.

    All the members of this non-profit organization are facing severe problems due to these issues. We have started the awareness drive and professional strategic help (lobbying) efforts have started for the new Comprehensive immigration reform bill due on the floor of the Senate and House in Spring of-06. To make a difference and to have the new law passed in the way the current visa retrogression & Backlog center delays cane be addresssed with the new bill, I would request you to please spread this message or forward the email to as many people as possible.

    Attached file contain the flyer. This flyer is to create awareness for this effort and add to the ongoing membership drive for http://www.immigrationvoice.org to find solution to Green Card Retrogression problem as well as the backlog centers. We are actively starting to work with the lawmakers to make appropriate changes in Comprehensive Immigration Reform Bill.

    I would urge you to please go ahead and post these flyers at Chinese/Pilipino/Indian stores/religious places or anywhere you now think individuals supporting our cause will gather. Additionally, please forward the flyer to as many family members and friends as possible and request them to do the same. This will really help us with the membership drive. If you or anybody in your family wants to volunteer please let us know at info@immigrationvoice.org we need volunteers mainly to send emails and making phone calls.

    Here is how you could help towards this cause and solution to retrogression & Labor Delay problem

    1) Register as a member of http://www.immigrationvoice.org. It is free.
    2) Post the flyers in as many places as possible. Email the flyer to all your friends and anybody you know is on H1 or applying for GC or already applied for GC. Request your friends to do the same.
    3) Please contribute generously at http://www.immigrationvoice.org and know that every penny you contribute will work for you.
    4) Please continue to contribute to the discussion forum at http://www.immigrationvoice.org with your ideas, information and participation that would help everybody.

    Thanks for all your help .... Happy New Year!
    Please forward this mail to as many friends you can.

    Volunteer @ http://www.immigrationvoice.org

    Flyers attached.....





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  • waitforgc1
    01-13 01:05 PM
    Very good to see some movement in EB2 Category



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  • Macaca
    04-15 08:47 AM
    1 para from Even in Wartime, Voters Think Locally (http://www.washingtonpost.com/wp-dyn/content/article/2007/04/14/AR2007041401245.html) -- As Antiwar Groups Pressure GOP Lawmakers, Constituents Voice Other Concerns, By Jonathan Weisman, Washington Post Staff Writer, Sunday, April 15, 2007

    Tom Matzzie, the Washington director of the liberal activist group MoveOn.org (http://moveon.org/) Political Action, boasted that his antiwar coalition raised more than $5.6 million for a full-throttle campaign to crack GOP support for the war. The targets have been chosen: the 15 Republicans who voted for the nonbinding resolution against the troop buildup but against the war spending bill; 25 others -- the "party before country" caucus, as Matzzie called them -- who have spoken against the war but voted with the president; and the "squealers," Republicans who can expect tough races in 2008 regardless of the war.





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  • lost_in_migration
    09-20 09:40 AM
    GooblyWoobly seems to have 'disapproved' gc_chahiye and my post. We both have lost One GREEN each from our reputation :)

    singhsa3 I absolutely agree with you. Undeserving people like GooblyWoobly will be benefited by active members hard work. And the disheartening part is these people will take the benefit and on top of that shamelessly show their ungratefulness on this forum :mad:

    I fully resonate with gc_chahiye;169769 . People like GooblyWoobly are good for nothing. They have no right to pick on one of our distinguish ,well respected and an active member. The Rally have been quite successful and have made people think about our issue.
    Unfortunately, people like GooblyWoobly will also be benefited by the hard work of people like Franklin.





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  • vinodmp
    02-11 09:52 PM
    digging through my old documents now.

    I was mistaken reading the labor cert application. It did say "we accept BS + 5 years progressive experience".

    I am 3 year Eng diploma + 1 year Eng post Diploma + 10 year exp in India + 5year Exp in US before filing Labor Cert .

    I do have a copy of the Educational evaluation used by my old attorney which says US master equivalent.

    As one member pointed out , there is a possibility that my original employer might have sent a letter saying Labor cert has mistakes but I have no way to confirm that . Or it could that the Officer is just trying to find any small thing to make the case deny.

    I am digging all my old docs to give it to my attorney and see what he is going to day .

    Thanks for all the support folks .
    -vinod





    theMan
    06-14 03:29 PM
    Even my 140 was filed with CP. My PD was current last month. I filed my 485 (AOS) last week. As per my attorney if CP is specified in your 140, you have 2 options. You can file CP or AOS. You can just file for AOS. No need to convert. But AOS is speicifed in your 140 and want to convert to CP. Thank you need to file some form.

    Thanks for the update. I received the same answer from my attorney as well.





    mallu
    10-23 09:14 PM
    I received my EAD last month. But no AP yet. However, i received an email from my lawyer today that.....my AP got rejected. The rejection letter is saying that I485 got approved that's why the I131 is rejected.....therefore, my lawyer is waiting for the I485 approval.....but my lawyer told me that I can expect my card soon.

    I don't know how to react. The online doesn't have any update about the I485 status yet. They received my application on July 2, 2007.

    who didn't fall to namecheck black hole.