Friday, June 24, 2011

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  • arnab221
    07-30 05:36 PM
    Guys ,
    Any more new approvals from Atlanta .I am getting deperate here . What are the Atlanta folks doing ? SPEED UP for Heavens sake !!!




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  • priti8888
    07-23 03:30 PM
    my PD were current in 2005.

    One thing is confirmed:
    When PD are "current" they approve cases based on RD.
    My guess is in Oct or Nov 2007 PD would retrogress to jan/may-2004 for EB3 India. So hang in there guys!!..They will approve a lot of cases with older RD by Sept 30. They are hell bent on not wasting any visa numbers henceforth.




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  • needhelp!
    09-11 03:38 PM
    Thats the spirit!

    I managed to get a red-eye back from CA on Monday... so I will see you guys on Tuesday for the rally.


    Go IV,

    Manish Jain




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  • santb1975
    05-27 02:03 PM
    ^^^



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  • abracadabra102
    09-14 01:22 PM
    Please stop this EB3 vs EB2 nonsense :mad:. Let us work on something all of us can agree on a) VISA recapture b) STEM exemption c) Streamlining of USCIS processing etc. Let us not open the old wounds again. We are becoming a laughing stock with this constant bickering.




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  • amaruns
    07-09 06:20 PM
    Couple of us out here



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  • h1techSlave
    04-12 12:05 PM
    I think the advantage of LLC against Sole Prop is about liability.

    If some one sues your business, LLC offers you protection, but Sole prop. may not.

    If you are on EAD, you can start the business in your wife's name. Now the risk is that she will run away and take the business with her; can't say that would really be a bad thing.

    S-corp is much more complex compared to LLC.




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  • lonedesi
    08-11 03:31 PM
    Hey,
    Looks like my employer will fill up the 7001 form but how about the main letter. Does that needs to be signed and addressed by employer as well ?

    Because the Link for 7001 doesn't talk about sending a separate cover letter.

    http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm

    Thanks,
    Diptam

    Your employer does not need to sign the letter. You can sign the letter. On section 12 of the form 7001 mention " please see the attached letter" and then include the letter to be mailed to Ombudsman's office.



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  • singhsa3
    04-30 04:33 PM
    Apume, I have send u a private messgae
    Do I have legal broadcasting rights of uploading this for public viewing?

    Rather, is it legal to do this?

    if not i can send it to your gmail...




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  • indio0617
    03-09 10:55 AM
    Sen Feinstein Amendment : 6303; provides an exception for refugees, aliens who apply for asylum (fleeing persecution, dictatorship) to waive passport fraud if they have comitted any.



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  • h1techSlave
    09-01 12:59 PM
    I came in July 1998.




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  • ychousa
    07-18 05:32 PM
    There seems to be 2 different opions about the process after CIS has received hundreds of thousands of applications until Aug 17th.

    1. Once received, CIS cannot sort out the applications according to PD, so only RD is important.

    2. PD is still an important factor, so if CIS is stuck with tons of applications on their hand, they will prioritize them by PD, which means if you have PD Dec 2004 and RD Jul 25 2007, you will be approved earlier than someone with PD Mar 2005 and RD Jul 2 2007.

    Greg Siskind, an immigration lawyer known to most folks here for his blog, says in his new FAQs that CIS should work on by PD.

    I think that's a fair thing, but I'm wondering how they would be able to sort out the flood of applications. Any idea?



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  • skillet
    06-22 11:20 AM
    Still per my attorney it shows "In-Process". Mine was filed on Feb 5th...




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  • badluck
    07-06 01:52 PM
    Cmon stop the rumour. Just because some of you sent the application on 2nd doesnt mean that they will honour it. If and if they do , there will be much more serious and valid lawsuit, because they've already issued a revision from 2nd July. Under law they have to give everyone a fair and equal chance.

    So pls stop cooking rumours from your lawyer. He simply doesn't want to pay back your fee and keeping your hope high..

    2 cents

    I think you sent your application after july 2...:D



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  • susie
    07-15 11:19 AM
    APPENDIX: REFORM SOLUTIONS

    The Need for a Compassionate Visa

    A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:

    * US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
    * Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
    * Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
    * To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
    * Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.

    INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))

    Current Provision in INA, section 203(h)

    �RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
    (1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--

    (A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
    (B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.

    (2) PETITIONS DESCRIBED- The petition described in this paragraph is--

    (A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
    (B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).

    (3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''

    Explanation

    The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.

    Problems

    The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.

    Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.

    Solutions




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  • jungalee43
    04-29 06:50 PM
    Senator Scott Brown (R-Massachusetts) - left voice mail

    Senator Judd Gregg (R-New Hampshire) - left voice mail

    Senator Richard Lugar (R-Indiana) -left voice mail

    Senator Michael Enzi (R-Wyoming) - left voice mail

    Senator Lindsey Graham (R-South Carolina) - it was not on my print out. But would call right away.

    Senator John Ensign (R-Nevada) - Spoke with staff. Could not escape noticing her "sigh" when I mentioned CIR. She asked if I was from Nevada. I said no. But still she patientely took my message. She said there was no official statement yet from the senator and would not tell his position.

    Senator Orin Hatch (R-Utah) - engage. Nothing happened.

    Senator John Cornyn (R-Texas) - You must call during office hours. Cannot leave voice mail.

    Senator John Kyl (R-Texas) - left voice mail

    Senator Mitch Mcconnell (R-Kentuky) - engage

    Senator Amy Klobuchar (D-Minnesota) - Voice mail

    Senator Claire McCaskill (D-Missouri) - Mail box full !!!!!!!!!!!!!

    Senator Jon Tester (D-Montana) - left voice mail

    Senator Jim Webb (D-Virginia) - left voice mail

    Senator Sheldon Whitehouse (D-Rhode Island) - left voice mail. Here you hear prompt both in English as well as Spanish before you get the beep of the voice mail.

    In every message I mentioned my name, address and phone numbers. Will call the Sen. Graham and sponsoring dems now. I will make another round of calls during office hours tomorrow.
    And please the Fax link for guests. They should not be able to edit the mesasge. But must enter name and address. I can have at least 100 faxes sent.



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  • kab_ayega
    04-07 06:48 PM
    Absolutely, the idea of doing a rally is what;s the need of the hour.

    Illegels have showed up the way to make their voices heard at the center.

    have we forgotten , rallies are not new to us, that how Gandhi fought independence.

    We got to wake up come out of our comfort zones and small interests
    look at the magnitude of teh problem.

    If we dont stand up, they will do whatever they want to.

    backlog will go in parallel with retrogression.......

    calling senator , faxing ur views can help to convey ur message but we need
    to be agressive

    when they have a choice to discuss and decide on some matter
    it will be illegals not us as they are ones who have created nuisance.

    think what will happen to US economy if all of H1B holders stop working for a day, noone supporting their applications, data, security

    they outght to take action only if we stand up...


    i am in for any such kind of rallies,

    place does not matter, you dont have to do it at the center only

    as long as it can be conveyed through the media it will be heard.

    email if anyone of you is willing to take this up in sothern california




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  • bp333
    03-04 06:25 PM
    After reading all these, got curious and checked status of my cases online after a year. I got a soft lud on my, my wife & son's case on 02/25. Something is definitely happening.

    Sorry for being ignorant. How can we determine LUD (last update date) and what is meant my soft LUD ?




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  • smitin_2000
    03-04 08:08 PM
    I also had lud on my I-485 on 12/05/08, my pd is oct'06 - EB3 I




    texanmom
    09-12 04:11 PM
    Or do you need us to write to each of them?




    aadimanav
    12-10 03:37 PM
    Source:
    Visa Bulletin for January 2010 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4597.html)

    WILL THERE BE ANY ADDITIONAL CUT-OFF DATES FOR FOREIGN STATES IN THE EMPLOYMENT FIRST OR SECOND PREFERENCE CATEGORIES?

    At this time it is unlikely that there will be any cut-off dates in the Employment First preferences. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates apply to the China and India Second preference categories due to heavy demand, and each has the potential to become "unavailable" should demand cause the annual limit for that category to be reached.

    INA Section 202(a)(5) provides that if total demand will be insufficient to use all available numbers in a particular employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limits. For example, if it is determined that based on the level of demand being received at that time there would be otherwise unused numbers in the Employment Second preference category, then numbers could be provided to oversubscribed countries without regard to per-country limitations. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.

    Should Section 202(a)(5) be applied, the rate of number use in the Employment preference category would continue to be monitored to determine whether subsequent adjustments are needed in visa availability for oversubscribed countries. This action provides the best possible assurance that all available Employment preference numbers will be used, while still ensuring that numbers remain available for applicants from all other countries that have not yet reached their per-country limit.

    WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?

    Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:

    Employment Second:
    China: July through October 2005
    India: February through early March 2005


    If Section 202(a)(5)were to apply:
    China and India: October through December 2005

    Employment Third:

    Worldwide: April through August 2005
    China: June through September 2003
    India: January through February 2002
    Mexico: January through June 2004
    Philippines: April through August 2005


    Please be advised that the above date ranges are only estimates which are subject to fluctuations in demand during the coming months. The actual future cut-off dates cannot be guaranteed, and it is possible that some annual limits could be reached prior to the end of the fiscal year.



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