Wednesday, June 29, 2011

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  • chapper
    07-25 08:43 PM
    1. What was mentioned in the job advertisements - was the alternate Bachelors+2 years mentioned
    2. How long as it been since the last advertisement
    3. Can they file another I-140 concurrently with I-485 using the recently approved labor
    4. I agree with abhijitp you can get a RFE too

    My suggestion would be to apply in EB3 even though the job advertisement reads masters or Bachelors with 2 years and use the option 3

    I request you guys to consult a good attorney immediately and help your selves and also save time.

    Please consult an attorney for your good.

    Disclosure: I'm not an attorney

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  • BharatPremi
    10-12 11:10 AM
    I will appreciate your comments

    RandyK, Yabadaba, EkAuraaya,

    Sorry guys I was busy in other forums all these days. Today somehow I visited this forum and found your comments.

    Now coming to the point it is very hard for me to put stats from 1999 to till today as a "proof" here but I will try to summarized in terms of events. And generally I will keep my predictions tagged to INDIA only because I have not studied or analyzed other categories greatly.

    1) Till 2000 second quarter Labor approval in old system was really fast.
    People used to have approved labor in one and half months in states like
    california. If you arrived in USA in year 2005 or your GC is filed in 2005 or
    thereafter you would not understand why I am writing this but ask the
    importance about this sentence to the people who filed GC between 2001
    and 2005.RIR was kind of recent concept and zillions of oppertunists were
    taking advantage of that and still system was not broken. Categories were
    not mattered much like today as for both catgories avg GC time was 2 to 3
    years from start to end.

    2) Here comes famous year 2001 - USCIS came up with AC21 and
    simultaneously RIR catgory was starting having problems as those zillions
    in step 1 already started clogging "RIR" and most of them were under EB2
    USCIS (Then INS) started denial or tightened screws on RIR filing. Lawyers
    started to force non-rir and preferably EB3 only category. From this point
    onward category started to be mattered much and that thing is still going
    on today. An dyet I have not talked about the mess and pile AC21
    created with tons of bogus filings. EB2 clogging already became visible due
    to RIR based filings... Lawyers were forcing EB3 and non-RIR filing and
    couple ing with bogus filing EB3 Queue instantly became monsterous
    (Within 6 months, or by the end of 2001) . Another factor is H1b Visa limit
    made 195000 from 65000

    3) RIR clogging mentioned in step 2 could become controllable so new filing
    again get diverted towards EB2 with the knowledge of huge piled up filing
    in Eb3. By year 2002 mid USCIS start experiencing "Adminsitrative
    problems" and "huge work load and insufficient staff" and hence slow
    approvals for labor. Simultaneously economy bubble bursted. Many
    legitimate files became garbage as people were laid off left and right. For
    survival in USA those laid off people join the queues of consulting
    companies and multiple filings started to become visible.

    4) Year 2003 - EB2 faced little retrogression briefly for 4-5 months and
    second trend of RIR denials and second trend of forcing EB3- NON RIR
    filing. EB3 faced brief retrogression for 2 months. Year 2003 finished with 2
    Huge lines. Eb2 and Eb3. EB2 was predominantly RIR filings.. Screaming
    already started and it was about to become like July fiasco at the first
    quarter of year 2004. Because logically RIR was supposed to be faster
    processing and it was serving its own purpose. Somehow USCIS realized
    that and in all categories Eb2 started to be processed faster and Eb3 is
    blocked. (Hey USCIS had 140000 visas only per year even at that time).
    So end effect at the end of year 2004 the infamous block of EB3 got
    implemented successfully and EB2 was running like "milkha singh".

    5) By the year 2005 first quarter many people had to still wait although they
    observed that they are in EB3 trap as economy was still bad. These group
    slowly started to jump the fence either using LC substitution or new direct
    filing under EB2. I remember one of my frined in California was asking me
    that where he should pay $ 21000 for LC to desi comapny or not.
    By the end of this process of jumping the fence to EB2 accelerated and
    lasted till Year 2006. PERM was introduced.Backlog Centers were introduced.
    For the whole 2 years (2005, 2006 and last quarter of 2004) EB3 was blocked
    and EB2 was given preference.By the end of 2006 most stuck in EB2 since 2001
    were released and got their GC. Now EB3 could start flowing.

    6) You already know 2007 events.

    7) Bottomline now EB3 will move upwards till 2005 mid with first priority and EB
    2 will also brought till 2005 mid but this will be done by moving Eb3 first as
    it is already way behind.

    8) Once both EB2 and EB3 reches 2005 mid bench mark Eb2 will again
    become faster with comparision to EB3.

    Note: I have not talked about LC substitution practice during 2001 to 2004 but that black market was already flourishing
    during all those years. And Have decided not to put 9/11 as a factor because nobody has a proof that USCIS
    decided slow bleed based on 9/11. Yes we feel that but we cann ot produce the proof.

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  • GCKarma
    06-17 01:16 AM

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  • srikondoji
    07-11 05:42 PM
    Nope. Only taking the applications and entering them into the system.
    Approvals will anyway be in the order of PDs.

    What is? Working on the July submitted apps ahead of the ones already in the queue?


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  • Map of Brisbane and Gold Coast

  • mdumar
    03-20 12:07 PM
    Thank you, Totoro for leading this effort. My suggestions are same as gc_dream07, but I would like to reword the suggestion
    2) Remove the country cap for employment based immigration (the argument we should put forward is that when it comes to employment based immigration the deciding criteria should be individual�s skills now where the individual was born).
    3) Capture the unused Visa (Green Cards)

    Exactly, it is okay to have country cap for those who are coming in through lottery or for those who come in through family based GCs. But for employment based GCs, it should be the skill that matters, not from which country he comes from.

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  • South West Queensland Map

  • vramamu
    07-27 11:53 AM
    My lawyer told me my labor got filed yesterday.
    PD July 26th.

    I have 2 questions...

    I am in texas, where center do they file, and what is the way to find out how long does it take for approval?
    I have been getting some reports..big delays and fast approvals.

    In the rare :) possibility that I can get my approval with in 17th of Aug..
    can I file 140 and the window of oppurtunity that is currently open.

    Any help is really appreciated



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  • paskal
    07-17 09:45 PM
    have made these points many times before, but once again, in recognition of your legitimate angst.

    first the bottom line. a golden opportunity presented itself- we did not ask for it, the visa bulletin was made current out of the blue. we have grabbed that opportunity but that does not mean that this was the core goal of iv as an organization- those goals remain, our campaign continues, this little fire we have lit must grow to the point where all retrogression can be resolved. we have NOT forgotten that our friends in BEC are still stuck in the most unjust process.

    next: please stop repeating this line that everything will be unavailable for years and people will cut the line. understand this: in oct the dates cannot be U. because there will be new numbers. therefore they will come up with a date- a retrogressed date allowing BEC people to file as soon as their LC is approved. just because a 06-07 applicant has a 485 in the system does not mean a Gc is imminent. GC can ONLY be alloted if the dates are current. The dates will be current for you long long long before anyone that's applied lately. If the dates remain U, USCIS cannot allot a single GC- and that cannot happen.

    please be patient with those who are celebrating their stroke of luck. life is not fair and USCIS is weird anyway with it's FIFO. the ombudsman says they pick "low hanging fruit". we have much to fight for yet.

    let's not fight among ourselves.


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  • Queensland Map

  • gckp
    05-05 10:21 AM
    Atlanta simply stop working on Audit cases for last 3-4 months.

    I think there are more people affected by this than 50 people mentioned in this thread. My recommendations are.

    1) Need to gather additional people got affected by this
    2) Most of the people already contribute to IV but if we need additional funds to drive this lobbying, need to find out and start collecting additional funds
    3) Need advise from IV moderators/seniors about the next step regarding lobbying or contacting the local law makers or collecting additional funds for organized lobbying.

    Other information we need to find out is does any people got LCA approved after the audit? If yes, how much time it has taken after the audit?


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  • You can use the map below to

  • tcsonly
    07-11 06:21 PM
    Pasadena congressman Adam Schiff from CA supports legal immigration. I received an email from him recently stating the same.

    "In considering immigration reform, Rep. Schiff has repeatedly stated that he does not believe in amnesty for undocumented aliens, but he does believe that those who have been living in this country -- working and paying taxes -- should be given an opportunity to embark on a lengthy and hard-earned path to citizenship. However, he has made it clear that he does not support immigrants who are here illegally being rewarded for breaking our laws by jumping ahead of those who have sought to enter this country legally."


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  • Gravitation
    10-05 04:53 PM
    I am ROW-3, Applied for I-485 and EAD cards for my self and my family members. RD 06/19/07, ND 07/19/07. Received EAD cards, finished finger prints and waiting for name check.

    I have another family petition (theu my Dad) and my periorty date became current this month. I do not know what to do. To go ahead and apply for GC using may father's petition or to waite untile I hear from INS regarding the work petition.

    The cost will be about 4,000 $ and I am afraid that I will be stuck in the name check againe. I was told that I can only have one pending GC petition at all times. The advantage of the family based petition is to be able to work for any employer, no restrictions at all.

    Any ideas, please advise.
    Can you replace the underlying I-140 with I-130? I know it's possible to replace an I-140 with another.


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  • 53885
    05-14 07:49 PM
    I would recommend converting regular I-140 into premium processing and get the approval at the earliest. Then file 485 ASAP. No one knows if the date will forward or backward in coming visa bulletins.

    1.I got labor and 140 approved under EB3( Company A)
    2.Through different company(Company B) perm labor applied under eb2 and approved and 140 applied ( still pending)
    3. used portability of priority date but 140 still pending( eb3 to eb2)

    Now my priority date is current under eb2 but my 140 is pending through company B ( porting PD from company A)
    is it possible to apply 485 through company B? even 140 not approved
    thanks for your help.

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  • permfiling
    05-17 12:30 PM

    North Cali Chapter
    contributed $500 so far
    EB2 : 10/05


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  • paskal
    12-19 04:56 PM
    Dear MN members,

    Mark you calenders for the teleconference on Tuesday the 26th December at 9pm CST. Details forthcoming. Agenda is open at this time, suggestions are welcome as we finalise. Members from WI/IA/IL/Dakotas are welcome to join in, we can have an upper midwest caucus.Please indicate your availibility by posting here,


    remember the fund raising and add a member campaign, please join if you have not done so already.

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  • Hassan11
    03-14 11:55 AM
    please vote on the poll. Thanks

    March 2005.


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  • howru
    11-07 01:05 PM
    Can someone help me with this...
    As per the new rules for indian passport nenewal, you are supposed to fill an online form which would prepare a PDF file with your entries , and then you have to take a printout and submit it at the cosulate.
    But the problem is, there are many more questions in the PDF from which are not even mentioned in the online form.

    My dilemma is,
    What do I do with the entries in the PDF form (passport) that are NOT filled by the online form ? Am I supposed to fill them by pen or just leave them alone ?

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  • gcformeornot
    04-12 11:10 AM
    Lets use this thread to post any updates, report any delays in EAD renewal after changed Lockbox locations.

    Mine was paper filed. Should reach Phoenix today.


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  • sanan
    05-16 01:18 PM
    I just got my wife's medical done ...from the same place where I got mine.
    There is not need of the xray. If you have proof of vaccination good else they will take some of your blood and do your immunization test and return the SEALED envelope after 3 days. cost $190
    Thanks sravani,

    So will the doctor still give me a report even if I don't complete all medical exams?

    Also on a side note, Do you know how long does it take to get the report once the tests are done?


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  • willwin
    10-05 04:35 PM
    I predict that the EB3 and EB2 cutoff dates for India will reach close to each other with in next one year. At the worst, the differnce between EB2 qnd EB3 cutoff dates may be maximum of one year.

    For that one of these two should happen. Eb3 should move forward and Eb2 should retrogress.

    Or EB2 stays and EB3 alone moves forward.

    Or EB3 stays and EB2 has to retrogress so much (to 2001)!

    I guess chance for 1st and 2nd option are high. And, this would answer Ramba's question how EB3 for India would get approval for PD 2003. There are very few 2001 PDs left (per me). Relatively more 2002 and most of 2001 and 2002 are pending due to name check else they would have got their GC during July and USCIS would not have returned VISA numbers back to DOS nor some numbers would have finally got wasted (FY2007).

    So next PD would be 2003 (and there are very few 2003 filings that were filed before June 2007).

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  • GCard_Dream
    04-04 09:37 PM
    CONGRATULATIONS! This must be the most exciting weekend for you in the USA. God Bless.


    09-29 11:45 AM
    Well I had called a NY congresswoman when I was stuck in a H1 name check. I found them open and willing to help. She even contacted the FBI.

    Well I am just an ordinary person, and the same as everyone here, and not saying I will do everything myself. There are persons who are better skilled at this and know the immigration law better.

    Also don't rule out lobbying, I just said we also need something else that should justify our case without a lobby. I'm asking for suggestions or ideas.
    I may be new here, If you see my post on the other forum, I'm asking for the creation of an organization with skilled people who will create a new campaign among legal immigrants. Kind of like Grass roots movement.

    I saw that. Looks like you are trying to pimp for a lawyer. Learn to stand on your own 2 feet first.

    All you have done is made a phone call to a lawmaker office. Before you start a poll go and meet your lawmaker and learn how to talk to lawmakers. That will be a good start.

    07-07 01:34 PM
    I got my original passport renewed at Houston. Here are my details.

    Original Passport expiring on Feb 05/2011. Sent the completed application form with all the required documentation to Houston on June 17th. Received new passport on Jul 07/2010.

    Prompt service in less than 3 weeks. Last week I emailed them requesting the status of my application and never got a reply. Tried to reach them on the phone, but no one answered. Was getting little concerned as I have an upcoming trip by end of this month. Got the fedex this afternoon. Very good service.


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