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  • satyasaich
    09-29 12:15 PM
    You maybe right. Visa numbers are being wasted because of the pressure being put by people wanting their notices. So many people are calling everyday distracting the USCIS employees. Intead of blaming USCIS for it, tracker thread people should also introspect and also be willing to share some of the blame. :D

    Resources working on 485, adjustment of status cases are never dragged to answer calls for receipt notices. it's another chain of command, not related to Receipt notices or EADs




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  • rvr_jcop
    03-04 11:42 AM
    Is your case at NSC? I have definitely noticed a pattern of pre-adjudcation activity from NSC for cases filed in July-August 2007.

    I noticed that too, especially if the PD is 2003 or 2004, both EB2 and EB3.




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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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  • eers
    07-23 05:42 PM
    Until 2003 end most the people have filed 485. It all started when the cases were moved to BEC. Most of the cases were from 2004 and some from 2003/2/1/0.


    Our firm had five 2002/2003 LCs cleared in March , after uscis sent out notice to either convert them to RIR processing or abandon it. I guess there are many old cases to be still applied for 485.



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  • desi3933
    08-04 11:28 AM
    >> I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.

    Not correct. Please refer to visa bulletin. It has changed many times in last 10 years. In fact, last year it was current for EB-3. Again, please state facts only.

    >> A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on.

    Greencard processing is based on employer-driven process. Most of the cost should be borne by the employer.

    One should be responsible only for I-485 related fees. How it can be $15,000+.

    Do you have any basis to back this claim of average $15,000-$20,000.

    >> Being stuck in a green card process keeps us bonded with 1 employer, job type etc.

    Why are you bonded? You are free to join any employer of your choice.
    After 180 days of I-485 filing date, one can avail AC-21 as well.

    >> We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment.

    Are you really waiting for a decade?

    >> We understand that you work with in the limits of the law ...
    Same holds for person who has filed for I-485.

    Again, I truly understand the frustration for EB-3 India applicants, but letter should be based on facts and words like bonded should be avoided. One should be able to back every single line of the letter.

    Good Luck.




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  • makemygc
    08-12 01:28 PM
    Srikondo man,

    I dont care your fight with 'buddyinus' or your friendship with 'frankzulu' and whether you were travelling by air/car/ship - I would like to ask you a SIMPLE question.

    You started this thread saying that USCIS has a "deadline" for completing stuffs last Monday or last last Friday.... All of us trusted you that time - Could you please give us a responsible answer or status Update.

    I hope you will reply this time.

    Thanks,

    I guess forum is all about sharing information that we gather from different sources. No body can assert anything not even USCIS. They open up the gate for all July filer, then closed it and then re-open it again when many protested. So, when someone shared the news that USCIS is not going to accept the july filings, everyone mocked him but that came out to be true.

    Forum is all about sharing information. It depends on our judgement as how much we want to believe on that. Srikondji shared some information which he learned from the CRs, now it's up to you if you want to blindly follow that or use that information as a way to curb your anxiety.

    People started cursing logiclife when he posted about the FAQ4 to be released by friday and it didn't. But it did came after 2-3 days. So someone who shared that info with Core might have just said we are trying our best to come up with FAQ4 and will release it by Friday and core shared that info with everyone. But that doesn't mean that people should take that info as if it doesn't come on Friday, it will be the end of the world and core should loose his credibility. FAQ4 did came after couple of days and all those people who were cursing logiclife were no where to be seen.

    If you put up a clause that no-one should share the info, unless you have a word from God, I guess we'll not have more than 2 or 3 threads here.

    So guys..bottom line is stop fighting over what someone said or not, concentrate on what you are doing about it.

    As someone rightly said, "Listen to all but do what you think is right". There is similar adage in hindi but I'm not using hindi so that everyone can understand it.

    Hope you understand.



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  • bharani
    09-11 04:41 PM
    Count me in




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  • nk2006
    10-16 05:12 PM
    add a poll to it
    Added a poll. Please vote so we can keep track on how many letters we sent. Lets pick up the pace.



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  • icedgin
    07-27 09:38 AM
    Hi Angel,
    I think I am in a similar situation with you.Me and my kids are also separated from my wife for almost a year now. It was really a big mistake on my part not to join her on her Embassy interview thinking visas were plentiful.BIG MISTAKE. I was at that time not well informed about visa availability.Our PD is Nov 05 and I am from the Philippines. I do feel what you feel. It is an emotional roller coaster ride. Are you derivative beneficiaries of your wife's Sched A petition and what country are you from? If you dont mind me asking.




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  • 485Mbe4001
    06-11 01:48 PM
    i wanted to aviod posting this, but please include a bit of realism in your optimism. Full disclosure: i am EB 3-I

    We had a discussion on our chapter here is the extract of the email that i sent based on a couple of similar comments from fellow members.

    After talking to a few of the fellow members, i feel that one the main causes for inaction is that folks who have applied under EB 2 India feel that the spillover from ROW EB 2/1 and India EB1 will be sufficient to get them their GC's in 2 years tops. EAD/AP for two years is no big deal. There is no urgency to get things done or the motivation to step up to the plate and make a few calls. If that is the case, then chances are that you are mistaken.

    a) we have no estimate of the per country breakdown of pending applications.
    b) we have no idea how many EB2 India applied in July 07
    c) we dont know the number of multiple applicants who have EB2 and EB3 applications pending (spouse and self).
    d) We have no indication of the 300k applications who were stuck in namecheck and are now eligible for approval. Namecheck victims were from all countries (you can see that ROW EB 3 is U)
    This affects ROW as well as the retrogressed countries as the per country quota is still fixed.

    We cannot wish this mess away. Making a few phone calls at lunch should not be a big deal.



    I am Not sure everybody follows Federal Reserve revising short-term rates by every month and Financal analyst were trying to understand language(tone) of Bulletin. And Looking at tone of VISA Bulletin for July 2008 and historical Bulletins EB2 for India is very encouraging till we see the language next month for India.



    VISA BULLETIN FOR July 2008
    There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act .....

    VISA BULLETIN FOR JULY 2007
    E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS

    All Employment Preference categories except for Third “Other Workers” have been made “Current” for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.



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  • chanduv23
    05-14 11:58 AM
    Just an update from my side:

    I have just talked local Congresswoman's Office and I have talked to a staff member for 1 hour and she is helping me. She is going to call NSC and get to the root cause of this problem.

    Guys,
    If you are reading this, do not lose hope. We have to try every avenue and knock every door that is open.

    Great going. Please post your updates. I am sure, you will be fine.




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  • ashutrip
    06-18 12:58 PM
    I agree. On the other side, some were certified in quick time.
    seems like your a big time optimist and me a big time pessimist



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  • gapala
    09-09 10:15 AM
    [quote] to add to the conversation on the price -> locals are also experiencing a glut of money due to the economic boom in the last 5 years or so. Small businesses have really taken off in a big way exporting to Europe/ US. Investors in the stock market have also hit the jackpot. And, once you have money, for most Indians the safest option to invest is in property or gold.

    Also better salaries all around fueled by attrition of talent to the IT sector. [quote]

    This may be correct to certain extent but only the elite class and creamy layer of 1.8% of total population. When we look at the bigger picture of the country, I could not connect the dots. GDP is just above $2500 and PPP is about $3300. How in the world will you justify $200,000 to $300,000. Plus the cost of financing the purchase.

    In simple terms, median home price is 100 times the GDP and life expectancy in india is 70 years. average work life span is 40 years. Home Mortgages are 15, 20 or 25 years in India which will cover only 1/4th of the median price of a home based on even anticipated high GDP growth and considering moderate increase in cost of living. Given that the risk of default is huge and banks are running at very high risk. I believe buying a house is a big gamble in India and more to that for Banks, lending is also a big gamble.

    Note that according to banks, investment in apartments capitalize only over 25 years in india. (Rent vs. Own) Is this correct? Average rentals in ONLY Big cities are Rs. 12000 ($275 / month $3300 a year) to 15000 ($340 / month $4000 a year) for the same 1000 sqft 2 bedroom apartments which itself is above the GDP :). What that tells me, even the rentals are also not affordable to majority of the population. Back to captalization part 4000 * 25 = 100,000. which is half of the investment... add the alternate investment value for 25 years, capitalization will be way below 50%.
    That means it will take more than 50 years to capatilize the investment. This is more that Mod average work life span of 40 years. Note that Maintenance and Taxes for 25 years excluded in above calc. Are banks stupid?

    I do not know what to tell ya man! To me its really scary

    A small credit crunch (crisis is not required) might bring the entire economy to floor.

    fine print: (Above analysis applies only for working taxpaying people like us who does not have unaccounted money.)




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  • for_gc
    07-14 03:03 PM
    Just Contributed $5 using BofA bill pay.

    Guys,

    Please stick to $5. The idea is to shake out members who till date have made no contributions into making contributions.

    If we start contributing different amounts on this thread then this may dilute the impact of the idea.



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  • reddymjm
    03-09 01:32 PM
    Can anyone explain the whats the FOIA fund drive? Or provide a link. Thanks.

    http://immigrationvoice.org/forum/showthread.php?p=324652
    http://immigrationvoice.org/forum/showthread.php?t=24159&highlight=FOIA




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  • 485Mbe4001
    06-10 02:52 PM
    you bet you dont have to worry at all, after all your handle mentions that you will be in india in 6 odd months. Since it will take 3 months for you to pack, you might as well spend your time on the R2I forum. Do log back and tell us about the green grass on the other side when do go back. :mad:
    EB ignorance is bliss..good for you :p

    I am EB3...good news is the two-year EAD...a bit relieved.
    Y2K bought in thousands of Desis(including me) and now we are in a USCIS Theater queue. House Full...I will wait for another show.....so what?

    Love to relax....or learn it now



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  • skdskd
    09-13 07:38 PM
    yes, I did earlier this week :-)... You can anything GC can do in EAD....

    sent pm to you




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  • priti8888
    07-23 03:12 PM
    Guys, We just got the magic e-mail.!!
    Card Production ordered
    PD AUG 2004
    RD DEC 2004
    EB3 INDIA :) :) :)

    thx everyone for your help and suppport!!




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  • govindk
    07-11 08:15 AM
    it is really a good news for EB2-I :)




    eb3_nepa
    07-05 10:51 AM
    My area senator is Mr. Sessions :eek:. What do you guys think, should I email him or not? I am sure that I am not going to get a courteous reply or as a fact of matter a reply at all.


    Avoid mentioning this to Sen Sessions office. Try the other Senator and your local Congress person




    h1techSlave
    04-17 07:58 PM
    After I have submitted the 485 receipt, my loan guy went to a meeting. I will hear back from him in a couple of days.

    485 does mean some thing to them. But they seem to avoid that so that they can charge more interest rate.

    Right now, there is huge demand for loans. So they are bringing in many artificial road blocks to increase interest rates.


    H4+ I-485 pending still is a valid status. Now what rules they have regarding approving the loan to someone who is not working (because of H4 status) is something I am unaware of and not immigration related, I guess.

    But if you are going to send them a copy of your I-485 application, that should mean SOMETHING in their eyes.

    Do let us know how it goes. It will also be helpful to others in your situation. Good luck!



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