Monday, June 20, 2011

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  • eb3_nepa
    03-08 02:25 PM
    Sorry,
    any mention to any guest working program? I think that if they agree in this point we can see any improuvement on the backlog and "never ending story" in the Green Card process.

    beppenyc, any particular reason that ur interested in the guest worker program?




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  • srini1976
    07-20 04:39 PM
    Is there a way to bring up this Bill again without the H1B part. My guess the H1B part killed it!:mad:

    Lets try our best by supporting IV!




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  • singhsa3
    07-20 12:43 PM
    It is still optimistic my freind. As one of our member pointed out, realstic number would be around 600K, which implies 16 months wait for some people. Also , we do not know the level of work force at USCIS engaged in processing EAD. It could be 10, it could be 100. More the better but it we it is fewer than we are doomed.
    Additional Comments:
    Also, any new hires will need to be trained, and infrastructure need to be set up. All these things do not happen overnight
    If you assume 30 people, you get 1 year per your calculations. Make it 90 and we get it in 3 months:D




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  • h1techSlave
    05-01 02:35 PM
    Cool
    The gray dots come when you get either approval/disapproval from somebody who has:
    less than 30 posts.
    overall negative reputationgray dots have no affect on your reputation. This is to prevent new or disreputes from irresponsibly affecting others' reputations.



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  • mpadapa
    07-11 08:40 AM
    Great news for EB2 folks.
    If EB2-I moves to June 2006 then EB2 C will almost be in the same or better position. So June 2007 bulletin folks aka EB2-C (Jan 2006) will be the main beneficiary. EB2 I folks who are lucky with RD before the current processing dates (mid July) can expect surprise mails. Good luck




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  • nixstor
    04-30 03:03 PM
    Lofgren asked one of the best Q of the day.

    What is CIS doing to improve utilization rate of visa numbers this year?

    Aytes says USCIS and DOS are talking every week to improve utilization.

    Time will tell what happened

    turned over to Steve King ranting is going to start. Talking about his own numbers :)



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  • newbee7
    07-05 11:23 PM
    Don't have her email. But she can be reached by the sending her a msg via:

    http://topics.nytimes.com/top/reference/timestopics/people/p/julia_preston/index.html?inline=nyt-per




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  • GCBy3000
    07-18 12:09 PM
    Where are the new members whom I see on other 485 related forums?



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  • hmehta
    07-13 07:47 PM
    I also live in So Cal, Ventura County - Thousand Oaks area. Count me in.




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  • tikka
    07-18 03:04 PM
    Yesterday I contributed $500 one time.

    Today I have scheduled $50 per month as well.




    Thanks!

    Yes someone posted it on the funding drive too.
    Thank you so much for your generous contribution.... :)



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  • jimytomy
    05-24 09:56 AM
    Contributed $100 . Good way to start long weekend !
    Receipt ID: 2168-6313-9515-3493
    Have a nice Week End !

    - JimyTomy
    ______________________
    EB3 India




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  • indio0617
    03-09 11:29 AM
    Is this employment authorization re: the EADs we get, or employment authorization in general for immigrants?


    No. it was talk about validating employment for legal immigrants at the workplace. I-9 etc... They just worded it as "Employment authorization"

    It is not about our EAD



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  • jungalee43
    03-12 11:54 AM
    Pappu,
    I have been a donor since 2006 and donated about $1000+ through 3 or 5 one time payments and monthly subscription of $20.
    But I discontinued my monthly subscription seeing absence of IV core for long time in 2008. But more than that I was completely pissed off with free riders with one time questions and then disappearing, nanny questions, people sharing jokes on this forum, people commenting on the internal matters of their own country and so on. I felt the forum was being used for all other matters except the one issue it was formed to address: "RETROGRESSION in EB IMMIGRATION".
    I am fully supportive of paid membership and welcome this step. I thank IV admin for the same.
    Now my questions are
    What is the vision / mission/ purpose behind the "donor forum"?
    whether members will still be able to post questions for free and get answers? And of course vanish after that.
    Would the anti immigrants still be able to use our forum and make posts to tease us?
    And most importantly do I have start monthly subscription again to gain access to this forum? If yes, Can I just restart my $20 monthly subscription?




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  • hemkant
    09-11 01:50 PM
    Google Order #673393592214008



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  • JunRN
    10-03 11:18 PM
    I do not believe the 800,000 figure for I-485 alone. It could be a misquote from Aytes. The 800,000 is possibly combination of all immigration related applications such as I-140, 485, 131, 765, etc.

    Even during last year when EBs are current, it didn't reach that many applications. I believe Matthew OH is more accurate in saying there's a total of 320,000 I-485 applications.

    With that figure, average 2.5 years waiting is in order. But that should not be distributed equally among all countries due to per country limit. I would guess, for India and China, it would be 3 years wait, and for the rest, 2 years.




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  • alterego
    07-06 01:53 PM
    There are about 18K CP cases.


    Yeah but if the PDs are set as unavailable, what can they do about those cases anyway, as the priority date has to be current on the day of approval in the consulate.
    Furthermore, unlike with 485s they can't consular process 18K cases on a Sunday! It is not a centralised process for them to do that.



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  • yabadaba
    08-02 09:28 PM
    Immigration - Are we there yet?

    All of us have been stuck at the DMV for hours together, trying to renew our licenses, trying to change our address or for getting married and updating our last name. Now imagine being stuck there for years together, waiting and hoping the line moves forward. This is what constitutes "being in line" for an immigration petition today. The end result is the same. You get a plastic card of limited validity, you are fingerprinted and you have your picture displayed. Only this is what is called a "green card."

    For all the restrictionists out there who think immigrants are taking their jobs, stealing their women and running off with their TVs, we are just like you. Today, I own a home, am part of my homeowners association, participate in the summer block party and try to ensure that my job is not off-shored. We don’t have horns on our heads that makes us stand out from the rest of you. I don’t get paid less nor has a single American lost his job since I was hired. In fact we have grown from a department of 5 people to almost 20,with me being the only immigrant. There are thousands of people like me who have played by the rules, have come here legally and now are being subjected to the quagmire of antiquated immigration policies that make us rethink the American dream. Do you, my neighbor, want us here?

    Today I received a letter from my congressman in response to a webfax asking him to support legislation for granting relief to people affected by retrogression. Retrogression for the uninitiated is the freeze on immigrant visa numbers because of an outdated immigration system. Mind you, for all the people who jump up and say "no to h1-b," this is nothing to do with a worker visa. I have already been certified by the Department of Labor and the United States Citizenship and Immigration Service, as an "alien with advanced degree or exceptional ability." This webfax only asked for his support for legislation that would allow the immigration policies to be updated to today's requirements.

    However, my Congressman does not understand that nuance. The letter I received from him talked about my support for H1B/L1 worker visas, which I had not mentioned in my webfax. If our lawmakers do not understand the difference, how do we make our American neighbors understand this complex issue.

    Immigration is a complex issue. It cannot be dealt with Lou Dobbs blaming the immigrants for all the middle class woes; it cannot be dealt with congressmen screaming no amnesty. It is a complex issue of thousands of laws, forms, advertisements and petitions. If it were not a complex issue then there would be no such thing as an immigration lawyer. Countries like Canada and Australia do not require immigration lawyers and the process is straightforward. So then naturally the question comes back of why am I still here. The reason for that is I still believe in the spirit of America. I believe in the American dream. I believe that things will work out. I believe that sanity will prevail. I believe that although I missed the boat half a century ago, I am here now and I am welcome.

    Yabadaba
    IV member.




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  • raju123
    06-01 04:00 PM
    This might be useful to you.

    Age-Out Problems under the Interplay of the Rule of Concurrent Filing and "Child Status Protection Act"

    The "Child Status Protection Act", effective August 6, 2002, addresses the problems of minor children losing their eligibility for certain immigration benefits as a result of INS (now USCIS) processing delays. Prior to the passage of this law, a child's eligibility in Employment-Based Immigration situations to be part of his or her parent's application as a derivative beneficiary was based on the child's age at the time that the child's I-485 was adjudicated. Because of enormous backlogs and processing delays, many children turned 21 before the their I-485 applications were adjudicated. In such cases, the children "age-out" and are no longer considered to be part of the parent's application and lose their eligibility to obtain green cards as a derivative beneficiary.

    Children who otherwise would have aged out may successfully adjust their status through the additional interplay of the new Concurrent Filing rule and the "Child Status Protection Act." According to the "Child Status Protection Act," the eligibility of these aging-out children will be determined by their age at the date a visa becomes available to them minus the number of days that the Employment-Based immigration petition was pending. Furthermore, these children must file for permanent resident status within one year of such availability. For a clearer illustration of this rule, please see the different scenarios below.

    Example 1
    The Labor Certification application that was submitted on John's behalf on January 1, 2000 was later approved on December 31, 2000. Afterwards, his employer submits an I-140 (EB-2) immigration petition on John's behalf on January 1, 2002. At that time, John's son, Junior, is 20 years and 7 months old. John's I-140 petition was pending for six months and was approved on July 1, 2002, one month after Junior turns 21 years of age. The visa number for EB-2 was available for John on July 1, 2002. Under the old law without the Child Status Protection Act, Junior has aged out because he is now 21 years old. However, under the new law, his age is fixed as of the date that a visa number becomes available minus the number of days that the I-140 was pending. Because John's I-140 was pending for six months, these six months must be subtracted from Junior's age at the time the visa number became available on July 1, 2002. Subtracting six months from Junior's age of 21 years and one month on July 1, 2002, Junior's age is fixed at 20 years and 7 months. Thus, even though he was already 21 years and one month on July 1, 2002, he is still considered a "child" for purposes of accompanying his parents in adjusting his status to permanent residence. However, Junior has to file his I-485 within one year from the date of I-140 approval, that is before July 1, 2003. The length of time that is takes the USCIS to adjudicate Junior's case is no longer important in these cases.
    According to "Child Status Protection Act", if through the above calculation, the child's age is fixed at 21 or older, the child would be automatically reclassified to an appropriate category and retains the principal beneficiary's original priority date. Please see the next example below.

    Example 2
    Same facts as above except that Junior is 21 years and seven months old at the time of John's I-140 approval. Because John's I-140 was pending for six months, Junior's age will be fixed at 21 years and one month. Even with the Child Status Protection Act, Junior still ages out and may not adjust his status at this time. However, he will automatically be reclassified to an appropriate category, family-based 2B, and retain his father's original priority date, January 1, 2000, which is the date John's employer filed John's Labor Certification application.

    Example 3
    Richard filed his I-140 immigration petition (NIW) on August 1, 2002. Richard's son, Simon, is 21 years and one month old. According to the new I-140 and I-485 Concurrent Filing Rule, Richard filed his I-485 because the visa number was currently available for Richard at that time. However, Simon cannot file his I-485 with his father because he aged out.

    Example 4
    Howard's daughter, Rachel, is 20 years and 10 months old. Howard filed his I-140 immigration petition (NIW) on August 1, 2002. According to the new I-140 and I-485 Concurrent Filing Rule, Howard and Rachel filed their I-485 since the visa number was available for Howard at that time. Thus, according to the "Child Status Protection Act," no matter how much time Howard's I-140 is pending, Rachel will not age out.
    Visa numbers are currently available to all EB-1, EB-2, and EB-3 categories. Thus, with the new Concurrent Filing rule, any person who is a beneficiary (or applicant) of an I-140 petition that has already been filed or is filing the I-140 at this time is now eligible to file the I-485 application as well. Family members will be eligible to file the I-485 along with the principal alien. However, since the Concurrent Filing rule became effective, visa numbers may become unavailable in the future because more eligible aliens will be filing their I-485. Thus, eligible aliens with aging-out children should file their I-485 as soon as possible. Please see next example.

    Example 5
    Jenny filed her I-140 immigration petition (NIW) on August 10, 2002. Jenny has a son, Benny, who is 20 years and eleven months old. However, due to the new I-140 and I-485 Concurrent Filing Rule, many aliens have filed their I-140 and I-485 together and the visa number for EB-2 has been exhausted. However, the visa number will not be current until December 2002 when Benny will be 21 years and three months old. If Jenny's I-140 is pending for six months and will be approved in February 2003, these six months will be reduced from Benny's age in December 2002 when he is 21 years and three months old. Thus, his age is fixed as 20 years nine months. However, if Jenny's I-140 petition is pending for only two months and will be approved in October 2002, Benny's age will be fixed as 21 years and one month. Thus, Benny ages out in this scenario and must wait until his priority date under family-based 2B immigration becomes current.

    Example 6
    Jason filed his I-140 immigration petition (NIW) on June 30, 2002. Jason has a son, Ken, who is 20 years and ten months old at that time. According to the visa bulletin, an immigration visa number became available for Jason on July 31, 2002. Ken was 20 years and eleven months on July 31, and he is not in the U.S. but in his home country. Because of the new I-140 and I-485 Concurrent Filing Rule Jason filed his I-485 on August 10, 2002. If Jason's I-140 is pending for 6 months until December 31, 2002, one month pending period from June 30 to July 31, 2002 should be subtracted from Ken's age on July 31, 2002. Thus, Ken's age is fixed as 20 years and 10 months. Ken may apply for his immigrant visa through Consular Processing at U.S. Consulate in his home country within one year from July 31, 2002.

    For more information about "Age Out", please click the following topics:

    What is "Age Out"
    Child Status Protection Act
    If you are a USC, does CSPA prevent your child from "aging out"?
    If you are an LPR or will be an LPR, does CSPA prevent your child from "aging out"?
    Age Out Problems in Employment-Based Immigration
    Age Out Problems under the Interplay of the Rule of Concurrent Filing and "CSPA"
    Child of Asylee and Refugee
    Unmarried Sons or Daughters of Naturalized Citizens
    Effective Date of the CSPA


    Hi All,
    I want to know if my 19 year old son can be affected by aging out.
    I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
    Can someone who understands the aging out rules tell me if my son may have a problem?
    Thanks in advance...




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  • add78
    06-23 12:58 PM
    Thanks dingdong12 and prashanthg
    Guys n Gals,
    The latest State Chapter update should be inspiring if you were a skeptic.
    Please rally your friends and colleagues to join IV, State Chapters and contribute.
    Every $ counts.
    Every call counts.
    Every persuasion counts.
    Everybody counts.
    Thank You fellows.
    Let us stand up to our High Skills and High Income prestige.
    Help IV, Help Yourself.




    laborchic
    10-15 12:43 PM
    Has anyone taken any lawyer opinion on this?

    I know vparam has done it. but has anyone else gone through same procedure..




    GCBy3000
    07-20 10:19 AM
    Its all politics my dear. Dont take the votes as it is. All these are eyewash and most of it were decided even before they vote. Why you think they have minority and majoirty leader. Those are the key people along with certain key senators / congressmens.

    Election is the major event which affects everyone in the senate or congress. First eveyone wants to please their constituents and win and retain their seat. This is the first and foremost priority than passing the SKIL bill at this time. Be practical and I myself will do the same if I were a politician.



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