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  • Note to Moderators: I posted the same question as a separate thread, but then I thought this would be a good place to pose the question too...

    Heres the background...

    Primary:
    EB3 Feb 2003 PD
    i140 Approved
    i485 files June 2007

    for both wife and me...
    EAD/AP - approved Sept 2007
    EAD extension received June 2008 (1 year)
    AP extension pending
    (we have not used EAD/AP yet - we both are on H1b)

    Derivative:
    EB2 April 2004 PD
    i140 Approved
    Pending - i824 in Sept 2007 to convert AOS to CP (hoping it will get through by Oct this year)

    Question:
    Assuming we will get CP interview before AOS gets adjudicated, do you forsee any potential issues in this scenario?

    Thanks in advance!





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  • http://www.notcanada.com/

    you are much better of in india if you cant get GC in the US.





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  • You are 100% correct, all this pre-adjudication is a nonsense, knowing how uscis does things does anybody believe USCIS will not issue EVL in future, offcourse they will, how else can they justify there existence to continue recieving there salaries and pensions. This is such a joke, the whole idea of pre adjudicating would be that all the processing is done and when the date becomes current they can just pick the file and assign the visa number and issue the green card. But they will not do that, they will tinker with the application and issue an Employment verification letter, they will redo background check, they will ask for finger prints again........unending nightmare, I am not being synical just telling from past USCIS actions.

    If we cannot get visa recapture, if we cannot get removal of country quota atleast we should ask for an administrative fix where once the application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job proof if they are back logged because of country quota and face multiple year wait, this way atleast it will give people some breating space, the way the system if set up right now, EAD, 485 pre adjudication, I140 approval are all useless if you keep getting Employment verification letter rfe and same semilar job rquirement. Without visa recapure it is going to take atleast 10 years for Eb3 and Eb2 india (eb2 priority date after Mid 2003), in the next 10 years you will keep getting Employement verifivation letter rfe and semilar and same job requirement, there is no way anybody can survive that for 10 yeears.

    So guys and gals what do you think about it, maybe we are looking at it the wrong way, instead of visa recapture (I am not saying we should abandon visa recapture) we should also try for exemption of cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement. Atleast this way even if it takes 10 years to get green card people will not have nightmares of being kicked out any time and with the stability they will invest in buying a house and spending which will stumulate the economy. Its a win win for everyone, for us EB immigrants, for the economy and also easy to fix as an administative fix. We have simpathetic people in Zoe Lofgren (Chair - Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law ) she was instrumental in forcing USCIS to reverse there decision during the july 2007 fiasco and accept the 485 application. We also have Charles Schummer. It is not that big a deal to ask for exemption of cases which have been preadjucated (485) from Employment verification letter RFE and sam and semilar job requirement, there are people with from other counries who have got a green card in a coule of months to 1 or 2 years whereas people from India are waiting with priority dates from 2000 and 2001. Once you get a green card you are exmpted from any rfe or same and semilar job requirement, it takes more than twice the time to get a green card for a person from India that to get a citizenship for a person from ROW. because of the long delays with us being in this process for multiple years and having to wait another 10 years for green card we should request for rfe exmeption for pre adjudicated 485 applications. I am sure we will get a sympathetic ear from Zoe Lofgren and like minded lawmakers. These Employment verification letter RFE and same and semilar job requirement were not framed assuming it takes a person from India 10+ years to get a green card. There were framed assuming it takles 2 to 3 years to get a green card.
    Lets be creative and try to work around the problem if we cannot resolve the problem directly, if we dont ask how will the lawmakers know this problem can be resolved by removing EVL RFE and same and semilar job requirement.

    It is very likely that these pre-adjudicated cases may be revisited for further processing in future for cases with more recent priority dates. This is just my opinion based on the fact of the predicted slow movement of EB-I priority dates in coming months and next fiscal year. Since so many AOS applicant have been pre-adjudicated , EVL RFE may be issued in future for cases who are pre-adjudicated now but their PD will only become current after 2, 3 or 4 years. This may be to verify that the applicant still has job offer at that time when visa becomes available. So I guess pre-adjudicating application, does it really make sense for later PDs? Any comments on this by other members?





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  • :(

    http://www.murthy.com/nflash/nf_020207.html





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  • I got the below email from multiple friends. I don't know what is the source, who wrote this analysis because there is no links. I did NOT mean to spread the fear. Just sharing the contents unaltered.

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

    How this memorandum relates to the recent deportation events from NY and NJ airports?

    There seems to be an anticipated link between these 2 events – Memorandum and recent Deportations – kind of an indication about the current level of government scrutiny and seriousness of the H1B program. Hence, there have been advices by others that – each employer and employee should operate by strictly following the H1B program requirements.

    Please don't spread rumors or chain emails clearly written by antis or h1b haters who want to instill fear among the consultants working at client site. If you read the memo correctly, at the bottom it clearly states that it should NOT be used by CBP as a means of removal proceedings.





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  • I just got to this site via from immigration portal.
    I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.

    No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.

    The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.

    Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
    I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.

    Following reforms are needed in Labor Substitution.

    - First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.

    - When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.

    - If an employee invokes the AC21 then that Labor should not be allowed to be substituted.

    - There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.

    In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.

    neocor





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  • Unused Family Based VSAS are 32k in 2007!!!!
    For 2007 we had an availability of 226,000 Family Based Visas. But the issued visas in 2007 in Family Based are 194,900 visas. That means there are 226,000 MINUS 194,900 = 31100. These 31,100
    unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).

    That seems to be correct interpretation. This makes me dizzy, too good to be true. :D

    The Family visas spill over is something I couldnt understand. They are retrogressed by > 10 years for many categories. Is that conflicting with spill over? Why would there be spill over with such backlog?

    That's because of per country quotas. There may be millions waiting for 15 years under the brothers and sisters category, but once they hit the country limit they are done. The unused numbers may go to brothers and sisters of petitioners from non-backlogged countries. If not, these numbers will flow to EB.





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  • I am not happy or sad about the memo. If H1b program is tightened or relaxed I will not be impacted anyway. Infact if more Indians are coming here more beneficial for Indian community.Simply my view is if H1b is regulated to minimise fraud the entire H1b program will get become legitimate and Increasing the cap is possible in future if needed

    I am filing a lawsuit. Want to join me ? :cool:

    Please read this
    MurthyDotCom : H1B Memo on Employer-Employee Relationships and 3rd-Party Placements (http://www.murthy.com/news/n_e-erel.html)

    Read the conclusion. I am sure that won't make you happy.





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  • So, based on this prediction - Eb2 may not even cross year 2004 by end of FY2010 quota...Is my understanding correct?





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  • Read this memo:

    http://bibdaily.com/pdfs/6-21-07%20AILA%20memo%20to%20Atyes%20&%20Neufeld.pdf

    USCIS has indeed broken the law by doing what it did this month.


    It has gone against what they used to do in the past, and they have not published this new policy in a place where stakeholders have a say (or atleast get to know in advance that the policy is changing). Valid complaints. But I dont think AILA is saying they broke the law. And thats scary.





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  • Few questions for the self proclaimed expert analyst who started this thread -
    1) How many lawmakers have you met to represent these provisions you claim to be so passionate about?
    2) Have you visited capitol hill and tried to understand what the congress thinks about EB legislation? I did - during the IV advocacy event last year with hundreds of eb2 and eb3 members.
    3) How many members here have you actually worked worked with? Because the people I know here who actually do the grass root work with me (both eb2 and eb3) do not care about theb category they belong to.

    I know you do not have any real responses...only abuses which you responded with on the other thread.
    Its funny how plainspeak is the one usually doling out the abuses but claims to be the victim.
    Few questions for the self proclaimed expert analyst who started this thread -
    1) How many lawmakers have you met to represent these provisions you claim to be so passionate about?
    2) Have you visited capitol hill and tried to understand what the congress thinks about EB legislation? I did - during the IV advocacy event last year with hundreds of eb2 and eb3 members.
    3) How many members here have you actually worked worked with? Because the people I know here who actually do the grass root work with me (both eb2 and eb3) do not care about theb category they belong to.

    I know you do not have any real responses...only abuses which you responded with on the other thread.
    Its funny how plainspeak is the one usually doling out the abuses but claims to be the victim.
    Ahhh my friend forever_waiting, how are you. It is good to see your reply to the post. Will be do this the civilized way or the old way??

    In direct response to your post

    First i am not a expert nor an analyst musch less a self proclaimed expert analyst. Take that as a given and we can procced further

    1) How many lawmakers have you met to represent these provisions you claim to be so passionate about?
    None because i do not believe in supporting, representing or furthering the agenda of an organization which has loop holes in it and is determental to my case

    2) Have you visited capitol hill and tried to understand what the congress thinks about EB legislation?
    I did - during the IV advocacy event last year with hundreds of eb2 and eb3 members.
    No i have not. Why do i need to visit capitol hill and view in person what congress thinks about EB legislation when i can do the same by watching CSPAN(I am a regular watcher expecially when there is something immigrant related going on. All a process of expanding my knowlesge of immigration or do you think i got up yesterday morning and decided that i want to fight with IV. If you did then i am sorry i gave you more credit then that. And please do not start a new thread about how lazy i am and how i want others to work for me and how i just want the benefit without effort. That would be old and stale. If there is something to be done in which i believe i will be the first to jump in and volunteer


    3) How many members here have you actually worked worked with? Because the people I know here who actually do the grass root work with me (both eb2 and eb3) do not care about theb category they belong to.
    YES and i never said you are not fair. I know EB2 and EB23 owkr toghether in IV. My efforts of meeting people have been made outside the scope of what you and others do. I am being modest when i say this but i was the first person in my company to make generate awareness about what IV did and how it is helping immigrants like us and encouraged them to visit the website and read about what IV is all about. This is about 75 to 100 indains (EB2 and EB3) in an organization of size 500 during teh time period 2006 to 2007. Now most of them were EB2 so they got their green card and i am sure are no longer on the IV forum anymore. I am sure those who are still on IV forum are EB3 like me. How much they parrticipate, it is hard to tell. Maybe they were smarter than me and got dissalusioned with IV way before i did. They might be porting or they might not be for all i know
    Besides that i am pretty much regular on Murthy where i have provided advise or tried to help people with information whne i could (O f course all of this was H1B/ Visit Visa stuff). Even today on IV forum i am trying my level best to help peopl ewith information related to AOS/EAD/140/485 etc
    I am sorry because what i did till now is nowhere near what you and other IV volunteers are doing but i do what i can when i can.

    My friend forever_waiting, I hope i answered everything to your satisfaction

    As to the below
    I know you do not have any real responses...only abuses which you responded with on the other thread. Its funny how plainspeak is the one usually doling out the abuses but claims to be the victim. I am sorry i am done trying to explain it to you all over again. May god grant you wisdom





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  • I wish the statement is true.

    I think your friends cousin got the card by mistake, that does not mean that it will see a significant moment for EB3 I. The only possibility is if USICIS wants to recapture the unused visa numbers over a period of time, then EB2 I, EB3 I all move together.

    Cousin of my friend got an email that his card production has been ordered.
    He falls in EB3I (PD Aug. 2005). I could not believe it but my friend told me that
    EB3I would see significant movement in coming months.
    Gus Hang on and tighten your seat belts. We will have a wild ride if he is true.





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  • .....

    Mamooty.. who is he?
    One Mallu actor ( got national award etc.)





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  • I am not saying 7% is not applicable for recaptured numbers. EB3-ROW was current while EB3-IN,Ch retrogressed in 2005.

    Again 7% is not a quota or minimum or maximum. It is a guiding tool to avoid monopoly (not to prevent) for fist two months in a quarter and gave the remaining number to third month. It is not meant for reservation.

    As you said Bangaldeshies can not raise flag they as have not consumed 7% quota. Therefore one can not argue that Bangladesh-EB3 should be "current".

    At the end, first-come first served should prevails.


    The 7% is a maximum.

    They do not have to go to 7% if they don't want to. However; they can't go over it; if there is more demand then supply.





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  • This is great idea!


    As completely unrelated these two issues are (from a law maker's perspective) on a normal day, these are possibly those times when each of these issues can help the other.

    IV has been discussing about the possibility of one for two solution (partial). The idea is to request congress to exempt EB applicants & their dependents from numerical limits of the Immigrant visas, if they buy a home. It is my belief that market sentiment is the most important thing in any financial market(s) and the housing prospects look pretty bleak. There are lot of members in the EB community that have NOT bought their own home, even though they could afford one because of the uncertainty with EB GC. IV's idea is to bridge the financial committees and judiciary committees in the House/Senate and see if corresponding Chairman/Ranking members are willing to listen. Things are moving so fast with the 700bn USD bail out plan and we will NOT have time to do things the normal way, through our counsel. We have to present this idea to the corresponding staff members of key members of congress (see list below) and see if this gets traction now or going forward.

    Please do not bring EB-5 discussion/comparison here. The proposed partial solution is different from EB-5 in that EB-5 investors invest money and we are investing in our future with a genuine intention of making USA our permanent home.


    If you already have a home, thats fine. Any such legislation will reduce the wait times in EB categories and we need housing markets to rebound for a safer economy before the ripple effects are felt every where.

    Who to write to

    Staff members(Chief of Staff, Legislative LA, Financial LA, Legislative Director) of Chairman/Ranking members of House/Senate Judiciary committee & Finance/Banking committee, Staff members of your representative and your senators. Please find staff members of the committees in the spreadsheet (http://spreadsheets.google.com/pub?key=pptN-jEpAiyd3snslhPjBfw).

    You can find your representative & senator staff members on this website (http://www.outsourcecongress.org/outsource/congress/schstaffers.html).

    Content/Message

    SUMMARY

    This proposal alleviates the current US economic crisis, by motivating the US high skilled, legal immigrant workers to purchase homes. The size of this immigrant population is approximately 800,000 individuals. This effort if successful would inject up to US$ 20Billion approximately into the economy (approximately US$ 100 Billion in houses sold across the country) , while at the same time directing this money into the root cause of the economic crisis � the illiquidity of the national housing market. The above calculation is done
    assuming a median US home price of $212,400 and buyers making a down-payment of 20% of the cost of the home. Roughly estimating 400,000 buyers.

    BACKGROUND

    Undoubtedly, we are all devastated by the shake up on Wall Street in the past 15 days. Experts agree that the underpinning problem is the housing crisis caused by sub-prime mortgage loans. Many of us, who cannot afford our monthly mortgage payments are losing homes and putting them up for sale and foreclosure, which further adds to the crisis. At the same time, most of the Employment-based (EB) immigrant community would like to purchase homes and make the United States a permanent home for their families. These EB immigrants however, are living in a state of limbo, mostly in rental apartments because of the delays and uncertainties involved with the EB immigration procedure. The wait times in EB categories are exacerbated by the delays in processing by USCIS, even though eligible applicants have filed for Permanent Residency also known as Adjustment of Status. Such processing delays have resulted in the wastage of 218,000 immigrant visa numbers (Page 52 of USCIS Ombudsman Annual report 2007). The current Department of State visa bulletin shows 7+ years of wait times in certain categories. We strongly believe that legislation can be worked out in such a way that the housing markets all over the country can move towards recovery, while at the same time motivating the Green Card applicants to catalyze this recovery.

    It should be noted that this proposal by no means brings more immigrant workers into the US. The workers in the EB, skilled category are already present in the US, doing skilled jobs that no US worker is available to do. They are part of the long queue of backlogged cases that USICIS will eventually process; however, this wait can take years and in that case could not be used as a tool to minimize the course of the current economic crisis.

    SOLUTION

    Congress can pass legislation that exempts EB green card applicants and their dependents from the numerical limits of visa numbers, provided applicant(s) have bought a home making 20% down payment on the sale price of the home, for a time period deemed necessary by the congress.


    How can Employment based Immigrants help alleviate the housing problem?

    (1) Employment based immigrants are highly skilled and are employed in occupations such as Software, IT, Health care, Energy, Finance, Education and Research & Development across the United States.

    (2) Average income of these individuals/households is around 65,000/130,000 USD.

    (3) All these Employment based immigrants have gone through Department of Labor�s recruiting process, which certifies that there is no willing, able and qualified US Citizen to do the job.

    (4) Most of the Employment based immigrants have excellent credit history and good source of income to make the payments needed for their home mortgage.

    (5) By requiring a 20% down payment from this group of buyers, Congress can directly channel this money to where it is need most � at the banks.

    (6) Employment based green card applicants have been living in the United States for 6-8 years. Many of them have US graduate degrees in their fields of expertise. These applicants are well versed with the American culture and will not change the cultural landscape.

    (7) Financial burden on US government and treasury will be reduced drastically if the glut of houses in the market decreases.


    As a member of the community that wants to make the US its permanent home, I want to contribute to a solution that helps USA and US during these tough times. I sincerely believe that the 30 year commitment on mortgages by Employment based immigrants in the housing market, backed by solid, risk free mortgages can turn the down ward spiral in the housing market into a upward spiral.

    END OF CONTENT





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  • Watch and see how fast the Michigan government will start issuing DL to H1B holders and to those who has pending I-485.

    http://www.aclumich.org/modules.php?name=News&file=article&sid=567
    https://www.aclumich.org/pdf/licensecomplaint.pdf





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  • The following from IV's press release is incorrect. The max # is 3,185

    The group's website has reported a record hit of 2,500 concurrent users since this morning.





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  • Need more titles!

    Most persons don't know what USCIS is. I did not know about USCIS/DOS/DOL... until after 1 year in retrogression!


    GOVT AGENCIES SHORT CIRCUIT A MILLION HOPES... or something on these lines... but just mention Govt Agencies, so the common man understands





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  • I think you should start EB3India.org (not affiliated to IV) similar to EB3Chinese.org

    IV works in the interests of both EB2 and EB3 as amitjoey mentioned. we cannot create a Bill to get relief for only one category.
    There already exists an very small, unsuccesful org for just EB3 that core is aware of, and they consider IV as their competitors because
    1. They do not understand and know nothing of how IV works (just like plainspeak)
    2. They want to get donations and members away from IV and make money

    These statements give her away. This is what they do try to pressurize IV to do their agenda. Enough said. Ignore the sales agent. They are trying to incite a fight between EB2 and EB3 just to split IV.

    I think you should start EB3India.org (not affiliated to IV) similar to EB3Chinese.org
    There is an old chinese saying

    Be careful what you wish for it just might come true



    One question i do have for all the members who have argued with me here. Have you seen all the discussion i have participated under and my other posts. Please do that before yelling that i was a member since 2006 and freeloader and all that. You need to do this because if i am you enemy (Scounderal, Liad weed, Anti Immgrant, Future USA etc) then don't you think to know your enemy is better.

    The other posts were just a diversion to show you are not completely rogue. You just have a single agenda - to promote your organization.





    It doesn't matter. The topic is about what the immigration officers are doing to the innocent civilians. In this case it happened to be SRK who everyone knows but it is happening to everybody. Just because his last name spelled as khan, can they interrogate every khan in this world?

    Please, they do not pull aside every 'Khan' in the world. Yes, things seem OTT every now and then with an amount of drunken patriotism -- and you may come across an occasional "Voldemort" from the INS. However, can you place blame solely on homeland security? We live in a global world / economy of nearly 6 billion and every day visitors with trade of varied kind - surely you cannot expect the avg Joe at homeland security to know every zero talented b'wood hero out there?! I'd also urge you to look at the brighter side of the coin - of the various programs in place to have African Muslims, Arabs and the Iraqis being moved into the US, by giving them jobs, homes and permanent resident status. Likewise with Afghans, and the visa diversity program. These folks have names like Abdul, Osama, Khalid and Khan. So please, tone down the b'wood inspired sensationalism - view things in context.

    When you choose to visit America or any foreign nation, national security & well being override celebrity status - period.

    Now, I find it interesting, whilst detained at EWR, Shahrook Khan called the Indian Media in 'protest'. Perhaps positive PR for his new movie - 'My name is Khan' that's apparently about racial profiling in America ..hmmm?! Alright, now that is talent. Unethical, perhaps, nevertheless, talent, I think.





    "_TrueFacts". You are entitled to your opinion and I'm entitled to mine.

    .

    breddy2000,

    you are crying like a 2 year old. As i have said numerous times. It will not matter on a public forum..any one can create an id.

    As far as Mr.vadicherla doing a personal comment. First say if you support that or not. Tell him to apologize.



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