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  • PresidentO
    02-04 11:58 AM
    Actually country quota may be unfair based on skills. But green card is not the selection of brightest in interview or test. All the cases of gc are tested and everyone are equally important. For example scientist in Nasa and a Programmer in a Tech company are important. If really see merrit Nasa scientist must have priority. But really everyone is important as they are important for their employer. So having country quota will not select any incapable persons as every candidate is tested.

    Also even if country quota is eliminated there is not going to be much difference in EB3(May be 6 month to 1 year PD difference). If you put calculations you can understand very well because unused quota is used in last quarter. Better calculate before starting compaign. May be another few thousand Visas could be utilized as Visas may not be wasted. If Recapture bill is passed with or without country quota then entire EB3 will be benefited. Otherwise it is just helpful to spoil the chances of row people at the same time it will not give much benefit to EB3 Indians.
    I remember that EB3 persons were angry with EB2 people for a few months as they got all of other countries EB2.


    Dude! Skills based mean not because of your country. That is it. Stop there. What people are clamoring for is single line as both the Nasa scientist and programmer are equally important to their employer. Now, no one knows who will get out first even though he/she has both merit/old pd and other crap. Country cap removal is not the only solution. Recapture with carry over going forward and/or increase of EB numbers to 250K or above is the complete solution.





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  • MDix
    02-11 06:56 PM
    Dude,

    Calm down, PresidenO gave you good comment and you got carried away thinking that President Obama praise you. Just vent your frustration somewhere else.

    PresidentO,

    I saw your past comment and it seems like you have an Attitude problem.

    If something your are not agree or disagree that's fine but there is now way to go this far.



    Thanks so much for your kind words.

    I don't blame readers who start making noise without basic verification. Most people have difficulty understanding the difference between cap and quota Or Permanent job vs W2 job.


    _________________
    Not a legal advice.





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  • Legal
    07-04 09:17 PM
    Another myth: USCIS processed 60,000 485 in June. It is wrong. They processed 60,000 485 over the period of 6 months to 5 years. And they just approved in June, based on earlier processing.

    In their "normal" pace they would be giving finishing touches and slowly releasing them over the course of next 12 months! Do you agree?

    But they worked overnight and weekend to finish up and deny benefits to the July filers? Therein lies the problem. what do you think?





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  • chanduv23
    02-16 08:13 PM
    Completely understand.
    On a related note, as pappu pointed out on another thread, it would be really nice if senior members, in general, who have got GCs in the past years continue to stay involved since their past advocacy experience is greatly valuable. Several such senior members have continued to stay involved but some have taken a back seat after "getting greened". Ideally, it should be the opposite - shouldnt getting a GC inspire us to be further involved in the process and get the issue resolved?

    I agree with you. I thought about it and decided to come to DC. I was greened last year and definitely IV was a very big factor in my GC journey. I have not been logging onto IV for a while as I have been very busy with my personal life, and job tensions, kid etc.. and all sorts of other things.

    After GC, your life usually changes only if you want it to change. I am still in the process of understanding how best to change. As of now, nothing changed - not even my job :).

    I am surprised that people still do not want to help themselves. I see everyone looking at the visa bulletin and getting frustrated, but why do people n ot take the extra step?, I really don't understand. I urge members to come forward and help yourselves. - Please.



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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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  • neverbefore
    07-29 02:27 AM
    Please let me know how to close this thread?

    Feeling the heat? Why not take a dip in a pail of your "Pale Beer"? :D



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  • ChainReaction
    08-09 08:17 AM
    I called the 800# today bec the TSC IO told me to check back after45 days and now I was told to wait for 90 days bec of the JulyAug backlog. After I conversed with the IO I told them what if the application is lost , should i be refiling my 485 , since the deadline is Aug17, so she transfered me to her super wiser and he looked for my name in the system and told me there is no update so far and he is placing an inquiry and that will take another 30 days and there is nothing else he can do in regards... And the wait of 30 or 90 days is way passed the Aug17th deadline.

    I think USCIS should honor resubmitted application passed Aug17th deadline if we have to refile our I485 due to lost mail based on Tracking conformation from FEDEX which have the Signature conformation of IO when they received the mail?

    There isn't lot of time left if I have to refile my 485 application , I have to call my lawyer to get the paperwork ready, Employer for the job letter and not to mention the Doctor for the medical ,I don't even know if he will issue a duplicate I693 or i have to get all the test redone ?





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  • wam4wam
    02-17 07:39 AM
    i agree with retrohatao

    it is pretty much useless to fight for ending tetrogression when we know we are going to get stuck in name check for 2-3 years after that


    infact i am hoping and praying that the EB relief bill does not pass until my name check has been cleared...as i will not be able to use the available visa numbers .

    the name check issue is a big big problem.

    trust me...if we dont include it right now....2 years from now...all of us will be forming a new web site with Name check as the primary issue...:eek:



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  • hara_patta_for_rico
    07-10 08:12 AM
    It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.

    In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:

    http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure

    To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:

    COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
    COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
    COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
    COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
    COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)

    There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.

    Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.


    Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....





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  • RNGC
    09-19 01:37 PM
    I am in a IDEA mood today!

    In our website there is space for 5-6 lines where we have the picture of a cloud now...

    We should pick top 10 best slogans and display it there.....like each slogan should appear for 10 seconds and change it to next.....

    We should put a poll to select the top 10 slogans

    I personally like these ones....forgot the exact words..

    1."we keep your systems up and running...please help us keep our lives up and running...

    2. "we rollover cell phone minutes...why not visa numbers"

    3. "waiting for so long my hair is turning grey ....

    4. "GC delay....keeps doctors away"



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  • conundrum
    11-07 04:46 PM
    Bump ^^^^





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  • anurakt
    12-27 10:55 AM
    it would be useful to all if people who have traveled could let us know their experience transiting through different airports, also we should compile a detailed list of the airports that have some transit visa requirements.

    Austria
    Airport transit implies staying within the airport for not more than 24 hours, without crossing the immigration. This applies to those passengers also who may be required to stay in the aircraft during the transit time.

    US Passport Holders: Not required
    Indian Passport Holders: Not Required

    For more information on VISA / transit VISA requirements, please visit the official website of Austrian consulate/embassy.
    http://www.aussenministerium.at/view.php3?f_id=5308&LNG=en&version=text

    Address / Contact numbers in USA
    Austrian Consulate General
    31 East 69th Street
    New York, NY 10021
    Tel: +1 (212) 737 6400
    Fax:+1 (212) 585 1992
    E-mail: info@austria-ny.org
    Public hours: Mo - Fr 9:00 am - 12:00 noon

    Kuwait

    US Passport Holders: Not required
    Indian Passport Holders: Not required
    For more information on VISA / transit VISA requirements, please contact the Kuwait Consulate/Embassy near you.

    Address / Contact numbers in USA
    Kuwait Information Office
    2600 Virginia Ave, NW, Suite 404
    Washington, D.C. 20037
    Phone: 202-338-0211
    Fax: 202-338-0957
    Email:questions@kuwait-info.org


    Netherlands

    US Passport Holders: Not required
    Indian Passport Holders: Not required

    Address / Contact numbers in US
    There are 58 offices across spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL. http://www.netherlands-embassy.org/location.asp

    UK

    US Passport Holders: Not required
    Indian Passport Holders: Required*

    *Exemptions

    YOU ARE EXEMPT IF::

    You are travelling FROM the US with a valid US visa and a valid airline ticket for travel via the United Kingdom to another country; or
    You are travelling TO the US from another country and hold a valid airline ticket for travel via the United Kingdom and a valid US visa; or
    You last entered the US with a valid US visa which has now expired but you hold a valid airline ticket for travel via the United Kingdom to another country and you are intending to transit the United Kingdom within 6 months of your last date of entry to the US; or
    You have a valid US I - 551 Permanent Residence Card (Green Card) issued on or after 21 April 1998 (but see Note 1 and 2 below); or
    You have a valid US Immigrant Visa packet (form 155A / 155B); or
    You have an expired I - 551 Permanent Residence Card (issued on or after 21 April 1998) and a valid I-797 letter issued by the Bureau of Citizenship authorising its extension (but see Note 1 and 2 below); or
    You have a valid Canadian Permanent Residence Card issued on or after 28 June 2002; or
    You have a valid common format Category D visa issued by EU/EEA member states; or
    You have a valid common format EU residence permit issued under Council Regulation (EC) No 1030/2002;
    You hold a diplomatic or a service passport issued by the People's Republic of China; or
    You hold a diplomatic or an official passport issued by the government of India; or
    You hold a diplomatic or an official passport issued by the government of Vietnam.

    Note :
    Holding an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid US visa; or a Transportation Letter instead of a valid US Permanent Resident Card issued on or after 21 April 1998 does NOT qualify you for exemption from the DAT visa requirement.
    Holding a valid travel document with an ADIT stamp - worded "PROCESSED FOR I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL ......EMPLOYMENT AUTHORIZED" - does NOT qualify you for exemption from the DAT visa requirement.
    Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (eg. a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (eg. Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit onto a third country.


    There are separate exemptions for holders of Australian, Canadian and New Zealand visas. Please click here for details.

    For more information on VISA / transit VISA requirements, please visit the official website of UK consulate/embassy.

    http://www.britainusa.com/visas/other_show.asp?SarticleType=25&Other_ID=313

    This information has been prepared with utmost care; we cannot accept any responsibility for inaccuracies contained herein.

    Address / Contact numbers in USA
    There are many offices spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL.
    http://www.britainusa.com/consular/locate.asp

    Switzerland

    US Passport Holders: Not required
    Indian Passport Holders: Not required

    For more information on VISA / transit VISA requirements, please visit the official website of Swiss consulate/embassy.

    www.eda.admin.ch/washington_emb/e/home/consular/visas/needvisa.html

    Address / Contact numbers in USA
    There are many offices spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL.
    http://www.eda.admin.ch/washington_emb/e/home/ovriew/email.p.html




    * It is the responsibility of all travelers to obtain any required visas and travel permissions. I recommend all travelers check with the airline they are flying regarding applicable Transit and Visa Rules for the country they are transiting through. Immigrationvoice or myslef will NOT be responsible for any traveler being denied boarding on account of incorrect documentation.



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  • kanaihya
    09-26 10:03 AM
    Just Sent an email to the CNN editor ..to educate himslef/ his staff regarding the rally.
    thanks





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  • abhijitp
    07-25 01:27 AM
    Your lawyers are not adding the employment letter because they are working in the ineterst of your HR department and not in your interest. Your HR thinks that after 180 days you will leave the job. So in order to retain you, they are filing incomplete application to invoke an RFE or rejection and keep things iin their control. Hope you are smart enough to see the games people are playing with your greencard application.
    Yes, I have this feeling already. Now, what happens if someone switches jobs using AC-21 and then this RFE is received? You have to submit the NEW employment / offer letter right? So how does this help the current employer to stop you from switching jobs?



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  • angelfire76
    02-13 05:03 PM
    This is a real life example that happened a week ago. I was at the gym talking to a guy and he was asking where I was working. I told him and I got a look that suggested it was a crime for me to have a job.....No words exchanged but just the look of it...I could feel it..

    Same sense of entitlement to everything landed the US in the soup they are in right now?
    There are some very hard-working and bright people and I'm not generalizing here, but they need to understand the the foreign worker (who's probably being paid less than you to do the same job) is not the enemy. The unsustainable lifestyle is.





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  • pd_recapturing
    12-10 03:49 PM
    Do some population control in India and China, that would automatically fix the issue of retrogression. We are simply too many and we have clogged the system real bad. every 6th person on the face of this earth is Indian.
    you hit the nail ... this is the biggest reason ...We are just too many and everyone wants to come to US



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  • ns007
    04-21 08:27 AM
    Sorry, did not see this thread before.

    Please let me know if you still need someone to call members. I am available until 4pm EST today.

    Thank you for offering to volunteer for calling members in CA. Now we need 2 more volunteers to give 30-45 minutes to make the phone calls. This is a very important initiative. Kindly send me a private message if you would like to volunteer.





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  • vandanaverdia
    09-10 04:26 PM
    I am in line for the green card for years & the wait is endless..... This is my chance to ease me....
    Come join hands....





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  • Macaca
    01-18 10:52 AM
    The work on the bill is happening even now behind the scene. We wish to put in more resources and plan for more resources in the coming months.

    We are still getting a lot of bounced messages. people have given us email ids like abcd@abcd.com.


    If the bill will come up in Feb, behind the scene work must have started or will start after the first 100 hours plan (which should end soon).

    Please send PM to these members. It is better then bounced email.





    gcseeker2002
    03-20 07:56 PM
    How do you know that the labour process has slowed down from Mar 01 2011 ? Any source for this info? Please share.
    Yes I would also like to know where it says that Labor process is stalled from Mar 1st,as it is impacting my current decision.





    eb3_nepa
    07-05 12:10 PM
    FIRST make the Forums Viewable ONLY by members who are signed in. Currently you need to sign in only to POST.



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