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  • jayZinDC
    05-28 03:41 PM
    I used AC21 twice. Both times I informed USCIS, EVL contained exact job description but different title. Did not have any AC21 related RFE and today got 'CP ordered email'. :) good luck to all!

    Hope this helps...

    Did you send the EVL to USCIS yourself or did your lawyer take care of it? Is there are specific process, document format to follow? Congrats one and all who got approved seems to be a lot of progress in the Eb-2 arena. I heard of 15 approvals of EB-2 PD03 (Jan-Apr) in my company itsef





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  • nitinboston
    04-09 04:19 PM
    Dear Mrs. Hillary Clinton
    Heartfelt thanks for making such an effort to answer consumer grievances. My Admiration for this administration and their efforts to improve communication is growing exponentially every day. God Bless you and God Bless America.
    We are wringing these questions in effort to understand the VISA allocation processes followed by DOS. Also how it affects effectively petitioners live to plan their future, travel, Buying house etc...
    1.0) Is IVACS primary application for tracking VISA requests from USCIS, Consular posts?
    Rationale: Any Software/Application used by DOS should be single source for data entry of all the new application.
    1.1) Does IVACS system (DOS�s Inventory system) connects electronically to USCIS system, Consular posts or NVC or any other agencies for VISA demand requests?
    Rationale: Any Software/Application used by DOS need talk to Client System (USCIS, Consular posts, NVC or other agencies) every month system for effectively moving VISA bulletin every month.

    1.2) In Absence of Interface � Does IVACS system receive VISA demand sent manually through flat file or spreadsheet?
    Rationale: In absence of electronic interface DOS need to manually receive data for effectively predicting VISA bulletin every month.
    2.0) How many Employment-based I485 VISA demands are pending at USCIS, NVC, Consular posts?
    Rationale: We are trying to get Employment based pending applications.
    3.0) IS this last Pending EmploymentDemandUsedForCutOffDates.pdf on 4/8/2010 - http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf includes all the Employment based I485 VISA demand?

    Rationale: We are trying to confirm data received are all inclusive.

    4.0) Can DOS Enhance/publish table for �total number of VISA available�� as on report preparation date, rather than total Fiscal availability. As per table showed below,
    Rationale: This will help applicants to estimate date of approval and plan for buying house, make major move etc.

    Preference China Demand India Demand Maxico Philippines ROW Worldwide limit
    Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal
    E1
    E2
    E3
    E4
    E5


    5.0) Can DOS generate monthly VISA returns report from USCIS, NVC, Consular posts or any other agencies that demands Employment VISA?
    Rationale: This will help us understand how much visa were available for reallocation.

    6.0) INA section Sec 201 (2) mentions usages of visa per �Calendar Quarter� with maximum limit of 27% per quarter. As EB2 & EB3 categories are retro gassed Are Minimum 140k/4 Visa's consumed every quarter? If no which section of INA being applied to not to do so?
    Rationale: To understand DOS�s interpretation and application of the law.
    7.0) Where we can find DOS published monthly EB/FB permanent residency VISA demand report with country of chargeability, Employment based category (for e.g. EB1, EB2, EB3, �), similar to report published by DOL.
    Rationale: This will help applicants to estimate date of approval and plan for buying house, make major move etc.

    8.0) What is rational of EB3-India Visa allocation only approximately 100 a month? We feel that before EB3-I become unavailable it should get 140*7%*28.6% = 2802/12 VISA�s every month. EB3-I VISA reductions from Inventory reports before their Priority Date is as follows,
    a) Between Inventory Published 03/12/10 & 01/30/10 = 100
    b) Between Inventory Published between 01/30/10 & 04/08/10 = 100
    Rationale: This will help EB3 applicants to estimate date of approval to plan their future for house Purchase or major move etc.

    9.0) How do you propose to reconcile the pending data reported by DOS and USCIS.
    We are Comparing data from two sources USCIS published pending inventory and DOS published monthly determination, And we have Found data Differences for following categories,
    USCIS Pending for EB3-China as on March 08, 2010 === 5,575
    DOS Pending for EB3-China as on March 01, 2010 === 8,900
    Rationale: Closing gap in case of data error.
    References:
    i. EmploymentDemandUsedForCutOffDates.pdf - http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
    ii. Operation of the Numerical Control Process - http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf

    Dude i must say, it must have taken a huge effort to come up with all this. But guess what, it wont make a dent. There are way too many Indians, Chinese and Mexicans in line and too few GC's to give out.





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  • frostrated
    09-09 03:09 PM
    For those of you thinking that EB3I will move forward once EB2 becomes current in the next year or so, please think again.
    There are many EB2 I & C waiting to file their AOS applications. Anyone that missed the 2007 and 2008 windows, are eagerly waiting to file. It is estimated that there are a few thousand primary applicants in EB2 alone, each year from 2007 to 2010.
    As a result, it is very unlikely that EB3 I will advance apart from its annual allocation of approximately 2800 visas. At the current rate, it will be three years before EB3 I 2002 is cleared, and many more years for the other years. In the meantime, there will be more applicants in EB2 category, thereby preventing your applications from being approved.
    The options that lie before you are the passage of CIR, removal of country limits (which again is invariably tied to CIR), porting to EB2. The only option that is within your control is porting.
    I would highly suggest that you use that option rather than rely on a change in law - a law that we have seen being dangled before us like a carrot for the past four years.
    If you have been given a promotion or even offered one, take that. Contrary to what someone says about not being able to use experience in your current company, that is wrong to a certain extent. Experience in your current company in your current position cannot be used. But, experience in a different position in the same company can be used as experience to your EB2 status.
    Take your promotion, and have the employer file a new labor petition. During the I-140 stage, port your EB3 priority date to your EB2 petition, and pretty much your 485 will be approved along with your 140, if not a few weeks after that (provided your PD is current).

    Good luck in your porting. If you decide to wait until EB3I becomes current without porting, you are going to wait for a long time. I would suggest that anyone with a PD of Jan 2003+ to start your porting process. For the others, I'd suggest you wait it out as in the time it takes to do the porting, your 485 in EB3 will be approved.





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  • Jaime
    09-10 06:44 PM
    Let's talk to all our friends, ask them to call their friends, scarp on Orkut, pst flyers, post on Craigslist, etc! Let's go guys! Let's convince more people! We can do this, I already been convincing previously unflinchng minds! LET's GO!!! We CAN do this!!!!!



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  • cgs
    11-22 02:54 PM
    I think the salary mentioned in H1B petition could be different the one in LC. Employer is bound to pay the salary mentioned in the H1B while employee is on H1B, the salary mentioned in LC only needs to be honored after obtaining GC.

    And how about the job title mentioned in the both petitions, could it be different?

    For most of the people GC processing might start after 3 years working on H1B, and this might allow the changes.
    Please correct me if I am wrong.
    It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.

    Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.

    With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.





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  • abhijitp
    08-03 02:25 PM
    According to the person I spoke to:
    1. I will be issued an RFE if my AOS packet did not contain the EVL
    2. Once the A# is issued, that means the application has been accepted, so no outright rejection can happen, however RFEs can be issued at a later date.



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  • imh1b
    11-19 10:34 AM
    why cant they spell out the damn rule.. instead of leaving it out for speculations...

    insane!

    Did you file the lawsuit yet?

    Someone please update on the lawsuit to enforce visa spill over





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  • jjava100
    07-01 03:07 PM
    Thank you for contacting me to share your views about Senate Amendment 4319 to the American Jobs and Closing Tax Loopholes Act (H.R. 4213). I appreciate the time you have taken to correspond with me.



    In my position as a United States Senator, I benefit greatly by hearing a wide spectrum of opinions expressed by Oregonians. I listen carefully to these views as I study each issue and decide how to vote on legislation which comes before the Senate. On any issue, I value your thoughts and ideas.



    Again, I appreciate your feedback. I have made note of your concerns, and I will certainly keep them in mind. Please keep in touch.



    All my best,



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  • 485InDreams
    09-26 10:49 AM
    CNN should not take 1000+ peoples effort for granted...These people went all the way to washington for some common cause....and it should not be misleading to the public...
    Purpose of the media is to fetch right information at the right time to the public which they are not doing.....





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  • yabadaba
    07-24 02:15 PM
    jc menon...have u ever taken a law class? do u have a jd? why are u then so adamant on thinking u "found" the loophole?

    we are not stupid morons over here. Neither is the AILA/millions of lawyers that are associated with immigration law. Please for heaven sake dont start now about some conspiracy theory about immigration lawyers having a preference for backlog.

    there is no loophole, there is no precedent and by emailing the director with a moronic question will only show that probably that we have morons stuck in retrogression and probably we deserve to be stuck.



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  • Legal
    07-13 10:35 AM
    #67 Today, 09:28 AM
    alterego
    Senior Member Join Date: Jul 2006
    Posts: 460

    Keep in mind two things. Many, quite possibly most of the July VB fiasco filed 485s have not been processed yet, Eb2 or EB3 India. There have been more recently (in the past couple of months) but still not most.

    When a few IV members predicted the rapid movment of EB2 -I, they were dismissed as naive, and fantasizing. Yet, here we are with the EB-2-I PD current for June 2006. Lately, I'm having more faith in the philosophical statement -"The truth is unknowable". :) and having less and less faith on the speculations/ predictions of most IV members.

    Are you sure about your above statement? My interpretation is since the processing date for 485s at the Nebraska service center is July 27th 2007, all the 485S received before that date have been processed, and are waiting only for visa number assignment.

    I would like to fantasize next fee weeks my assumption is correct:). My PD is EB2-I feb 2006, RD July 2nd 2007.





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  • chanduv23
    07-01 11:58 AM
    fyi
    http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf

    Testimony of Charles Oppenheim, Chief, Immigrant Control and Reporting Division, Visa Services Office, U.S. Department of State, June 6, 2007.

    Any indepth on what is the bigger picture here? Something is happening in the background on the immigration side.

    Looks like lot of politics and blame game among agencies.

    I think immigration lawyers or AILA etc.. may also not have any say here though they all put up on their website that we will file lawsuit etc.....



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  • Legal
    07-04 08:36 PM
    The dependents for 300k will be 450K (1.5 times primary)


    Don't see any light at the end of the tunnel...

    How much numbers can we seek..to recapture from the lost EB numbers from previous years? 500,000?? There will be a hue and cry...new headlines "half a million cheap labor" etc.

    Unless something like SKIL is passed only other thing that would help India EB2,3 would be to use these recaptured numbers to be used ONLY for priority dates older than 3years or something like that. Even if achieve legislation to recapture the EB numbers.. unlesss we seek something like this EB India will be screwed for ever.





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  • BharatPremi
    03-12 08:49 AM
    It is safe that your I40 be approved but not necessary.

    In theory you are right. But practically Very big corporations/companies have recently started a practice not to hire a person on EAD if I-140 is not clearly approved. Why? Lawyers advise them to do so. I have been hired by very prestigious company recently of course on EAD and first thing they wanted to make a check was on whether I have I-140 approved or not. Secondly they ask if I could submit 3 years audit report for "previous employer". That could make sense to me as it was a clear hint that they wanted to check whether I am coming from good financial based company or not... Why? The reason is that if that would not have been the case then there could be the chance of denying I-140 although it was approved. At least in my network of friends I am the third person who experienced this level of scrutiny before hiring on EAD. The reason is simple. They do not want to hire a guy who can not work at some time of the initial period due to I-140 related problems. So bottom line, I-140 approval is must nowadays for working in big corporations with EAD.



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  • pointlesswait
    07-12 05:05 PM
    Does anyone have the list of latest set documents required to file for 485.... can you plzzzz email/post it here... thanks



    can it be done without the help of an attorney...????





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  • sunny1000
    04-25 12:27 PM
    Congrats Googler! Wish you the very best. We appreciate all the inputs from you and hope that you will stick around with IV!!



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  • Canadianindian
    04-01 11:01 AM
    This is Sanjay Sood from NJ. I am also stuck in the retrogression process, and can be reached at hppdelhi@gmail.com. Sanjay





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  • sandiboy
    07-24 01:22 AM
    is she using her own FAQ? USCIS FAQ has different question at Q9.

    Yes this is the lawyer's own FAQ i was referring to.





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  • bestofall
    07-30 12:13 PM
    URGENT UPDATE: HR5882 scheduled for tomorrow - PLEASE CALL

    --------------------------------------------------------------------------------

    House Immigration Sub-Committee is planning on mark up Congresswoman Lofgren's recapture bill tomorrow (Thursday) afternoon in her subcommittee. This is an extremely IMPORTANT development. We are hoping that an agreement reached such that there is no party line vote on this effort. As such all members are requested to PLEASE PLEASE call the following members on the subcommittee requesting them to support Lofgren's recapture bill H.R.5882.

    Majority Members (Democrats)
    Member Name DC Phone
    Luis V. Gutierrez (D-IL) 202-225-8203
    Howard L. Berman (D-CA) 202-225-4695
    Sheila Jackson-Lee (D-TX) 202-225-3816
    Maxine Waters (D-CA) 202-225-2201
    Bill Delahunt (D-MA) 202-225-3111
    Linda T. Sanchez (D-CA) 202-225-6676
    Artur Davis (D-AL) 202-225-2665
    Keith Ellison (D-MN) 202-225-4755
    Anthony Weiner (D-NY) 202-225-6616

    Minority Members (Republicans)
    Member Name DC Phone
    Steve King (R-IA) [Ranking Member]202-225-4426
    Elton Gallegly (R-CA) 202-225-5811
    Bob Goodlatte (R-VA) 202-225-5431
    Dan Lungren (R-CA) 202-225-5716
    J. Randy Forbes (R-VA) 202-225-6365
    Louie Gohmert (R-TX) 202-225-3035





    Calouste
    07-17 01:32 AM
    Interesting (and scary) article about NumbersUSA and related organizations. Although the article is from 2002, and the numbers will have of course have changed, the article claims that the whole anti immigration movement revolves around a group of about 20 very rich people and a few thousand sympathisers, and that member numbers for these organizations are inflated by dividing the total contributions by the annual membership fee and not taking into account large contributions.

    http://www.splcenter.org/intel/intelreport/article.jsp?pid=180





    vansree
    07-13 06:29 PM
    I talked to her related my case complexity - Border revoking my visa - She just wants money. She cannot provide any clear details, any expectations.

    Just to be part of the cloud and claim something she did, actually apart from the web site, she wont even talk to you once take up the case. Some of her colleagues or assistants talk.

    She just want to get money ... Being Indian, I can say she is typical person for money. Highly C** mind...

    if it is trouble some, she wont even reply!



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