Saturday, June 18, 2011

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  • franklin
    08-22 03:09 PM
    My understanding was that once the 485 is filed, you go by RD. It doesn't matter what your PD is...

    Does anyone know what the legislation is?

    It DOES matter what your PD is. USCIS apparently does process FIFO according to your Receipt date - BUT ONLY IF YOUR PRIORITY DATE IS CURRENT will you get a visa number assigned (i.e. approval of said greencard).

    I say guestimate, because in reality - its all speculation, because not even USCIS knows how many current applications they have. I'd have to say it is more like 1 million pending applications.

    Don't assume that your PD being "old" helping at all. Let's play a quick hypothetical game...

    Picking some numbers (and I think I'm being REALLY conservative here). Say there are 40k EB applicants from India a year.
    Let's even say that 10K of them are EB3 (inc dependents). EB3 India PD as of April this year was May 2001.

    So... a PD of 05 means that there are 40k EB3 India applicants in front of you. That alone, and not including EB1 and EB2 that come before EB3 category, is about 4 years quota of greencards.


    I'm ROW, EB3, PD 2004 and AOS was filed June 2007 (I got stuck at BEC for sometime) - my situation is comparatively ROSY compared to other nationalities with a similar PD - but I anticipate that I'LL be lucky to wait 3 more years. You can bet if ROW with early 04 will take about that time, India will take YEARS longer.

    And that is why I'm here, telling everyone to stand up and go to DC.

    Without significant change, it will be a LONG LONG wait still, despite the security of AOS being filed. Can you wait 3 years longer for a decent promotion, or change of career? How about 5, 7 or 10 years? I can't - so I'm flying 3000 miles to be in DC :)





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  • GCchaos
    02-23 03:44 PM
    �United States Of America� or more commonly the �US� means one and only one thing for most people in India, the land of opportunities, a place where every dream comes true, a Cinderella fantasy that pops t life. Well, Legend has it that once upon a long long time, it used to be true. But the current situation is a whole lot different than the legends and the fantasies. Let�s delve into the story of an Indian guy, who set out on a journey in pursuit of his
    dreams that promised him the sky.

    This guy was a smart, hard working software engineer in his own power, working for a software company in India. He worked on different kinds of projects for different clients, all of which were from the fantasy land. The clients always appreciated his work and he had a great rapport with these people.
    One day, he got an invitation from one of these demigods�, �Will you please come and join us and share our fortunes? We are in much need of someone talented like you to run our operations�.
    Now, that was an offer he could not refuse, could he? It�s something he had been dreaming about, since he was a child. It seemed like an offer that would change his life for the better, in every possible way.
    He immediately packed his bags, bade good bye to his family and friends, not knowing the future, not knowing he would not see them for at least a few years. It did not even remotely occur to any one at that point, that he will be tangled in so many restrictions, that it would be hard for him to leave the fantasy land. Well, who cares �He is going to AMERICA!�
    He landed here, worked harder than ever, slogged like anything and proved his capabilities and reserved a place for himself in this wonderful land. Five years passed by�..not realizing that every day has been the same, just struggling to keep up with the expectations of his boss. However he became a much respected person at his work place, every one who worked with him was very happy to have him here. They just loved his dedication and passion. His initial plan was to stay here for the 6 years he had on his H1-B visa and head home. But, destiny had something else in store for him. His employers wanted him to stay. They realized they would not be able to find another person of his caliber. So they started a process called Green Card which would allow him to stay in this country and work for them.
    He went to India after a long time, and met his parents. They wanted him to get married; he met a nice girl of his parent�s choice. Both of them liked each other and got married.
    She flew to the fantasy land with him and they live happily ever after��.
    Well, not exactly!
    There is a twist in this story.
    We need to talk about the girl for a little while now. She too was a young, aspiring software engineer with a good company in India. She was a smart and independent girl who loved to live her life. She lived at a short distance from her parents and family with whom she was very close. When she met the guy, she was overjoyed. She instantly liked him, but was a little apprehensive about quitting her job. But everyone told her that she was being silly and that she would get a job in USA, any time she wanted, because of her VAST two year experience. She believed it! The guy also did not know that his fantasy land had changed a lot since his going there. He thought that he was going to get his green card soon and that his wife would be able to work immediately.

    So with all these hopes, they flew back to US of A. Here the reality was far from anything that she ever heard in the legends. She had no friends, no family, and no job. She was not allowed to work while she was on her dependent visa called H4. The hopes of green card were thrashed to the ground. Apparently only a small number of people were given these magical passes called green cards every year. And the wait was a very very long one; reality hit hard, it would take at least five more years to get their green card and that she would have to wait for an indefinite period of time before she could work again.
    She thought of keeping herself occupied by making friends but she found none in her locality.
    She wanted to put her technical expertise to good use by volunteering, she got a few offers but they were all so distant from her house. She did not have a car of her own, so she could not take up such jobs.
    She was left alone at home all day, destined to look at the windows and the walls of her apartment. She could not take it. She applied for her own H1-B visa which she thought would allow her to start working. She had high hopes and started concentrating on honing her skills. But the process was such a long one that it took more than 8 months for her to get the visa approval. She tried to keep her cool, but it was one heck of a struggle. There were so many laws and rules and other incomprehensible things associated with her H1 and her husband�s green card process that she could not go to India to meet her parents . The real struggle started once she got her H1 B. She could not find a project to work on. There were requirements for people in her technology, but most of the jobs required hat she be one of the following:
    1. Candidate with 6 years or more experience
    2. Green Card holder with any experience.

    She hit a roadblock. 6 years of experience or GREENCARD????
    How will she get any of this now?
    Her husband had also become very sad because of the pain that she had been going through. They were never peaceful during these past 1.5 years. Even he was also completely stalled in his career. There is a rule which doesn�t allow him to change jobs or take a promotion even in the same company once his green card process has been started. He has to either wait until he gets the green card or start it all over again. It is like leaving one�s place in a long queue and having to join in at the end, all over again.
    I hear they are thinking about going back to India, where their lives will be much easier.
    Two highly skilled people who were disowned like foster children and put entangled in such complex problems.
    Unless they do something about this green card process soon, there will be many more immigrants who would plan to move back to their own countries.
    It is America�s loss, no doubt!
    An organization called Immigration Voice has been started by a few people, suffering skilled immigrants themselves, to take up the cause of all the others in similar situation. It has picked up quite a lot of momentum these days and
    had been able to achieve success to a certain extent. But it requires more people, more funds and more support to actually attain a significant result.
    America has been built on the competitiveness of highly skilled immigrants. America enjoys a technological leadership around the world primarily because of them.
    Let�s hope that the government will do something soon to provide relief to these skilled immigrants lest America should become a mere legend like Atlantis.





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  • greencard_fever
    08-23 12:51 PM
    Folks..

    I have seen lots of posts about pre-adjudication..how do we know if any case has been pre-adjudicated or not?...recently i got an RFE on my spouse case for Marriage Certificate and Birth certificate bonafide..there is no RFE on my case and had an FP done on 08/11/2009 second time and noticed soft LUD on my case on the day of FP...dose this means they are working on my case...:confused::confused:





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  • singhsa3
    08-13 10:25 PM
    Good job Macaca. Just one thing though, it looks like 1M includes all pending AOS and not just EB. Please see http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3b_backlog s.pdf

    Employment Based (EB) Green Card (GC) Numbers Situation

    The yearly EB GC quota is 140K. This includes visas for spouses and children. On an average, it is given to ~ 60K families.
    Each country is allocated 7% (of 140K) GCs with almost equal distribution for EB-1, EB-2 and EB-3 plus any unused visas from other countries. Each country gets approximately 9800 GCs (~4K families).
    The Ombudsman estimates submission of 500K-750K (yes 500K) AOS applications between June 1 and August 17 2007. Most of these applications will be from India and China.
    According to Ombudsman's 2007 report, there were ~1M AOS applications pending as of March’07.
    So far EAD renewal has been taking ?? months. With the additional applications it will take ?? months and we will have to apply for renewal after ?? months.
    The security check backlog appears likely to get worse, if a new immigration bill is enacted as millions of undocumented immigrants would also apply for legalization.
    If you were unmarried at the time of filing, you will need to continue on current status (e.g. H-1B) otherwise you cannot bring your spouse.
    USCIS is a self-funded organization i.e. it runs on fees it receives and is short on resources.


    What do these numbers mean?

    There will be 1.4M+ AOS applications by Aug 17 which will take 1.4M/140K = 10+ years. That is, priority dates (PD) will remain retrogressed for several years.
    Those who could not file their I-485 now will now have to waitttttt…..
    Due to resource constraints, security checks may take years.
    Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
    Endless cycle of EAD renewals and Advance paroles.
    If working on EAD and for any reason, if any of your EAD gets rejected, you will need to stop working, In other words, need to leave your job.
    You need to be in the same position with same job responsibilities for an indefinite time period otherwise you Green Card application will be rejected.
    EADs are valid for one year and several employers (and rightly so) view it as a temporary permit and hence reluctant to hire you.
    Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
    So virtually you have three options: a) Struggle for several years b) Leave the USA c) Join us.

    Legislative Efforts

    EB Immigration reforms do not find enough support on the senate floors (Failure of SKIL, STEM etc Bills). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting on the bills.
    IV grassroot effort (flower campaign and SJ rally) was a very important reason for retraction of July Visa Bulletin.



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  • garybanz
    12-07 08:09 AM
    I have already waited 90 days, my RD is July 02, ND is July 27.

    Then IMHO you should give USCIS a visit.





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  • CADude
    07-06 12:58 PM
    Don't boil.. map_boiler. :D

    CAdude, possibly you're the person in DENIAL mode. You are free to take the chill pill or any other pill you want (I am not seeking your advice for that purpose anyways). If you have a direct response to the point I made, feel free to respond, otherwise, please don't bother...



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  • h1vegas
    06-25 03:56 PM
    While I Wrote The Check For Ead Renewal
    I Wrote It To Department Of Homeland Security And Not
    Us Deparment Of Homeland Security
    Is It A Big Problem

    Just an update guys ..checks cashed today
    ( sent to DEPARTMENT OF HOMELAND SECURITY)





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  • bkarnik
    06-13 03:15 PM
    More shocking information: (pg. 51 of the PDF document)

    "For example, when employment-based visas are not used during the year they are authorized, they are lost and are not available for future use without special legislation. In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards. Based on USCIS use of visa numbers as of May 2007, at present consumption rates approximately 40,000 visas will be lost in FY 07 without a dramatic increase in USCIS requests of visa numbers. As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."



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  • SGP
    12-31 06:46 AM
    AmitKhare77... apparently, the job title and job responsibilities have to be same as whats on labor until we get GC. otherwise no promotion.
    SGP.... you made my day ! As I did not want to ruin my friends's mood on on new year's eve, I was planning on dropping new year party plans and stay back home.... but your post just put life back into me...
    one more qn - after I change to Company B, what happens if Company A revokes I-140 ?

    No problem my friend. You are welcome. I am glad I was able to help you.
    Company A CANNOT revoke approved I-140. I have checked this with 3 to 4 attorneys & also with Gurus on this forum. Only the USCIS has the authority to cancel the approved I-140, if it detects that it was obtained fraudulently.
    One more suggestion, ask company B to file your H1 with Premium processing. Once you get H1 approval then submit resignation to Company A.

    Enjoy the party Bud. Have a drink on me!:p;). Wishing You and Yours Happy New Year.

    If you will be benefited by �I-485 filing without current priority Date�, please vote YES on the Poll.
    Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved.





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  • pappu
    09-01 09:16 AM
    Everyone getting receipt notices, and not coming to the rally, (not coming to the rally -most on tracker threads), please at least consider contributing to the rally once you get your notice or FP done or get EAD!. The rally cost is huge and we can do much more if people can contribute generously.

    We helped you get to the stage so that everyone can file I485s. It pains us in the core team see how our members who used to tell us all the time to at least allow them to file I485 and then they will wholeheartedly take part and support IV have turned their backs on us now. With our work and victory in Visa bulletin fiasco, we even answered people who used to ask us for our achievements before they could contribute.

    Now it is your opportunity to deliver.



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  • dhirajs98
    06-28 02:03 PM
    my pd is march 07. my agency told me they converted my I 140 into premium on june 18.But my case status still hasn changed from 'RECIEVED N PENDING". Is there any delay by the uscis usually in changing the status?
    Can somebody please clarify?

    My RFE response to the I-140 PP was sent on June 7th but I have received anything from USCIS. Status on theor wesite is still old. Its almost 3 weeks after I sent the response to the RFE. I am not sure what is going on w/ USCIS these days. They have taken money to process it in premium but it seems they don't bother to complete case in 15 working days anymore.





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  • skd
    12-31 03:41 PM
    a 20 year old girl had injuries because of acid attack on her and she was in hospital praying god to save her life.But she died finally(http://www.hindu.com/2009/01/01/stories/2009010150460100.htm).

    If god exists , he/she should listen the prayers and save people.

    This is just one example.There are millions of incidents which proves that GOD doesn't exist.

    It's just out belief that GOD will do some good for us.

    problem is that if we believe in GOD , we'll start living with false hopes.

    No Hope is better than false HOPE

    If that's you criteria for judging the existence of God..I am amazed..
    With One anomaly you decided on his existence...When there are gazillions of his amazing creations that no human can create. Human himself being one, We should be thankful for his blessing
    � Thankful that we get more than what we need to eat, Ask a starving kids in Darfur.
    � Thankful for Eyes he has given to See, As blind man
    � Thankful for Limbs, Ask people who lost that.
    � And Millions of other things that he blessed you with
    � And you want to compare all this with GC (green color piece of Paper)



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  • ags123
    04-07 08:33 PM
    500 Eb1 numbers are unused
    500 numbers spills to Eb2
    There are no 100 Eb2 India cases and 50 Eb2 China cases and Eb2 ROW/phillipines/mexico is current
    Now Eb2 India+Eb2 china uses up 150 numbers and

    350 numbers spills to Eb3

    Now there are 1000 Eb3 India cases from 2001 to 2003
    Eb3 china,ROW etc there are 1000 cases fom 2003 onwards and none from 2001 to 2003

    As spill over needs to go by PD Eb3 India takes of the 350 numbers and may be moves by 1-2 months and Eb3 ROW doesnt get any because no older cases.

    DISCLAIMER: this is only illustrative and highly oversimplified, Actual scenario will have many many variables





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  • kaisersose
    05-07 12:22 PM
    I am reading a lot of information posted on this form thanks a lot to every one.
    But I am still not clear if I can apply in EB2 (PERM) as the job requirement says

    Minimum of 5 years programming experience

    But is really important to SAY THAT�S MASTERS DEGREE PREFERRED,
    Because I have Masters in computer science but the job requirement does not need it.

    To apply in EB2? Or just BS+5 years of experience is good enough

    Form information posted I deduce that BS= 2years of experience
    I have 5 years of experience so total of 7 years (SVP of 8) as per
    http://online.onetcenter.org/help/online/svp.

    Guru�s Please Advise!!

    P.S : I was in EB2 before had to walk away from it as I had change jobs, Perm approved, I 140 in process and I-485 not filed


    This is really a question for your attorney.

    General basic EB2 requirement is MS + n years of experience where n >= 0. BS + n + 5 years of experience is also acceptable.



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  • ujayra01
    06-24 11:04 PM
    My wife is apply for AP renewal. She has her AParole until oct, 2,2008. She is travelling to india this week for three weeks. Can she apply for renewal and travel to india. Is it legal or does it have any replications.

    According to my lawyer, the person (in this case your wife) must be in USA until your wife's AP application is accepted. Basically your wife should not try to apply AP when the she is not physically in USA.

    After the application acceptance, your wife can travel.

    Disclaimer: Please do not take this granted and always consult your immigration attorney.





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  • bsbawa10
    01-14 11:48 AM
    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.

    Exactly, it is a mockery, they are playing with carrers, time and our money on H1 extenstions , EADs and Advance paroles.



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  • logiclife
    01-12 01:32 PM
    You can send a paper check in mail, the address is on the "Why Contribute?" link on the home page.

    If you want to send an e-check, then paypal has that facility.

    Also, if you want to talk to someone before you send the check so that you can feel comfortable, then feel free to call us. The phone number is listed on "Contact Us" menu.
    --logiclife.





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  • vin13
    04-08 03:02 PM
    EB-3 unavailable until october when the next fiscal year begins :(





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  • sayantan76
    07-06 12:36 PM
    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.
    well said my friend and i agree with you completely. although, i grappled with this issue when we had a baby.......the question where i got stumped was - if i got Indian Citizenship for my child (born in US), what would be the child's legal status here? and, also if we were traveling outside the country - how would the child reenter US?





    shivarajan
    08-11 02:18 AM
    they also link to official site (which doesn't exist yet) :http://travel.state.gov/visa/frvi/bulletin/bulletin_4427.html

    Not only they got info but non-existent links too?

    Pederson Immigration Law Group, P.C. - Visa Bulletin (http://www.usvisainfo.com/content/view/37/44/)

    :confused:

    Per google 4427 is march 09 bulletin ? search (http://www.google.com/#hl=en&source=hp&q=bulletin_4427.html&aq=f&aqi=&aql=&oq=&gs_rfai=CcSAss09iTKqPGIGgjgO3jYmQCQAAAKoEBU_Qocve&pbx=1&fp=c370202d9debab36)

    But again this date is in sync with the date someone reported from some other site, so guess that's it. :-(





    coolvigo
    11-05 10:25 PM
    Dear friend

    It looks like you can show some light on my stuggle with ICICI bank to deposit money in My ICICI NRE account.

    Story is like this, I went to India this summer deposited money to several mutual funds from my ICICI NRe account. One of the investment (in franklin ) was wrong by the mistake of my agent ( because US person can not invest in some of the US based mututal funds and frankln is US based fund) So I had to struggle to get money back from Franklin, as it was not proper investment ( wer mentioned NRE US based in forms, so they should have out right rejected investment, but they alloted it and then I have to fght back to get it returned)

    Luckly due to my correct application I was able to get money back from franklin. they issued RS check, which I tried to deposit to my NRE account at ICICI bank. ICICI rejected check saying it is in RS. I tried to persue them it is REFUND FROM MUTUAL FUND (NRE INVESTMENT) from the same ICICI account but they still wants the proof that it NRE money. I have still this check bouncing back between me and ICCI bank. I also approached franklin to get letter. This time they have qouted some earlier RBI rule ( I have not read letter) and I am trying to redeposit that with check again.

    Here in this My bigger question is we all are investing lot of Money from NRE account in Mutual funds and other investment options available to US in India as NRI. but when it comes to getting money back in our NRE account ( naturally all returns/refunds from India investment will be in RUPEES CHECKS ONLY) then we have big trouble like One I am facing right now.

    SO DOES OUR INVESTMENT IS TRUELY REPRETRIABLE.
    WE CAN GET OUR ORIGINAL INVESTMENT AS WELL AS GAINS ON THAT BACK TO NRE ACCOUNT OR NOT

    IS IT THE ICICI BANK ONLY or ALL OTHER BANKS ARE GIVING TROUBLE wHEN WE TRY TO REDEPOSIT OUR MONEY ( in rupees) back to our NRE account.

    Please explain your experiences in this regard.

    If possible also provide links that talk in more details about REPRETRIABILITY OF NRE INVESTMENT

    Also let me know which is best NRE bank to work with without any such hassles in India?


    Dude,
    ICICI sucks......i hate those guys.....their claims are big but poor banking and customer service......personally i have found SBI to be best although they are little slow.

    On the top of it....sending money for investment is a bad idea......I have already lost money in it....and now facing issues getting money back.

    In the whole episode, I lost so much peace of mind that money that grew in India was not worth........I guess there is a limit to what we want but greed inside us still ask us to invest.....let it be hard way....but I have learnt a lesson....if I have to live in US....it is better that I find investment opportunities here and live a "peaceful life". At the end we all need peace !!!



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