Tuesday, June 28, 2011

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  • Naveen
    05-04 09:03 PM
    thanks vbkris,
    I was about to post similar reply.

    Naveen,
    We need INA language. nothing more nothing less.

    All,
    As of this post. I could not find the law linking ebdependents with ebquota.

    wow its pouring reds and uncivilised comments for pointing out this. Ok. well i am going to continue anyway!

    INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS \ Act 203(c) \ Section (d)

    http://www.uscis.gov/propub/template.htm?view=document&doc_action=setDoc&doc_keytype=tocid&doc_key=2dae084742aac42ac9134cc4466287e7

    (d) Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.




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  • jaggubhai
    08-12 08:45 AM
    Same exact sequence of events happened to me. I am sure we will have our cards this week God willingly.

    Same set of events for me as well

    485: Received CPO email for self and spouse: 8/4/8
    485: Received email welcoming new PR: 8/5/8
    485: Received email for approval notice sent: 8/8/8
    Also
    485: Received welcome letter for both: 8/9/8
    Still waiting for the cards




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  • senk1s
    07-22 11:47 AM
    did they ask any questions while stamping? Like why r u keeping PR and filed GC etc?

    Can u plz share experience.

    I have changed my employer and my new employer got me an extn also my GC is filed by them. Do u have the similar case?

    Thanks

    Nothing at all about my US GC ... ( i just filed 485 about a year ago - this was about 3 months before that)
    These are approx conversations :)

    Why did you come here instead of home country ... i came here to do the landing, and thought i'll do the visa stamping as well + Regular employer/ job /education questions ...come back tomorrow to collect the passport

    Mine was same employer




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  • arunmohan
    09-09 08:02 PM
    Totally agree with you dude, is IV doing anything about this issue?

    Dont bark at not donating, will donate if this issue is given serious consideration as well.

    IV:

    What are plans and strategy for EB3?



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  • Positive
    07-20 12:44 PM
    We all are equally frustrated with the situation we are in. We can always find reasons to fight within our community (EB Vs FB, Legal Vs Illegal, EB1 vs EB2 Vs EB3 - the list is endless). These outburst of frustrations / arguments and counter arguments do not take us anywhere.

    Let us keep supporting IV and build a strong partnership of interested parties. Let us focus on areas where we can agree. Many among us worked hard to build this community, let us try to strengthen and preserve it.




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  • bobby
    07-09 11:56 AM
    So it's the day before the flowers will be delivered and let's make the most out of this story. Here are the links to the press release to use


    PDF version (http://www.touchdownusa.org/pdf/USCISFlowerCampaign.pdf) that can be sent as an attachment.
    HTML version (http://docs.google.com/Doc?id=ap9x7pmvk6s_32c3khvg) that can be copy-pasted as text of the email.Most news organizations have dedicated reporters to cover immigration issues; so our first contact should be with them, since they'd be most interested in this story. Contact the writers of any immigration related stories that you've read recently - contact either by phone, or by email. If you are contacting by email here are a few helpful tips

    Make sure that title/information of that person's most recent article is used in the subject line. Something like, 'Follow up to Green Card Woes in WSJ'
    Refer to the article in the body of your email. For example
    You recently wrote about the frustrations of green card applicants due to a reversal by the USCIS (Wall Street Journal - July 5, 2007 - 'Reversal Frustrates Green Card Applicants'). I am one of those skilled, legal applicants and we are planning to protest against this decision the USCIS in a unique and peaceful manner - by sending hundreds, if not thousands of flower bouquets to the director of USCIS, Mr. Gonzalez on July 10th.
    After this, you can say that please refer to the attached press release for more information
    Wrap up your email with something like, "This is probably the first time when skilled, legal professionals are participating in an event like this at this scale and it goes to show the level of anxiety in the community right now. Would you be willing to write about this event as a follow-up to your previous article?"
    There is no harm in giving your contact number to let the reporter know that you can be contacted for any follow-up questions.
    Other things that we can do to create a buzz around it is to talk about it in blogs, various forums etc., specially if you are a blogger. Already, if you search USCIS+Flowers in Technorati, there are a good number of hits - we should try and increase them.

    Call up your local public radio station and tell them about this event (http://www.npr.org/stations/)

    Any other ideas regarding increasing the visibility of this campaign should be posted on this thread.






    Posted on Bender's Immigration Bulletin http://www.bibdaily.com/



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  • mirage
    03-26 11:26 AM
    No I have no proof to substintiate that, but I have read it on few forums here and there, I live in a very small city in NY, I know atleast 15 people with their PD in early 2003, That tells me the extent of problem, how many would there be in NJ, CA, IL, TX, VA etc. The only relief would be people who would convert to EB2 and leave that space. Labor Substition was a devil which has created most of this problem as I can see there are hardly 15-20% original beneficiaries for these 2002-2003 Labors.
    Are we sure that there are around 5-6k EB3 pending in the years 2002 and 2003. If thats true then it will take atleast 6 more years to process all the EB3's for 2002 and 2003 :(




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  • anzerraja
    07-20 10:11 AM
    Yes, we are considering that option. Thanks for the suggestion !

    Also VMH_GC i see that you haven't entered the pledge amount in your original posting. Could you please re enter it, so we can keep track of it.

    Thanks for your help with the spreadsheet thing


    Small suggestion, Please extend this drive until monday, lot of people might contribute on weekend.



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  • gcdreamer05
    08-27 02:47 PM
    Holy cow... I cannot believe, I got my green card today...

    My online case status changed to card production ordered today (1 hour ago).

    I had filed during july fiasco and was not abel to send my medical tests , so had got RFE.
    Then i took the medicals and sent the response in july 2009, and the status remained RFE response received for a long time.

    I called NSC and opened a service request on Aug 18.

    Guys believe me Service Request does miracles, they just approved it now.

    So my journey came to an end after 7 years.

    If I got green card, the whole credit goes to IV. You guys are really great, learnt a lot from this forum. Kudos to you all...

    I will continue to visit these forums and help as much as I can.

    I still cannot believe I got it.




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  • nogreen4decade
    07-16 06:08 PM
    I think it is fair to go by EB level than priority date. Usually the levels mean qualifications. I think they deserve to get GC first! That makes more sense to me.



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  • saimrathi
    07-13 06:36 AM
    Is this posted somewhere? Is there a link?

    Just woke up to NPR morning news ... nice coverage on the July bulletin.




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  • sumansk
    03-08 09:37 AM
    Just by becoming depressed the process will not get expedited..The process will take its own time so just forget and pray and enjoy your life.Life is much more than GC and getting depressed just for it and not sensical.It is not a life and death matter.Make your and dont spread it to your family...

    Good Luck !!



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  • VMH_GC
    07-09 04:55 PM
    Folks,
    here is the message i have given. what do u think?

    ---------------------------------------------------------
    Dear Editor,
    July 10th, 2007 Will be a day of flowers showered all over USCIS office from thousands and thousands of legal immigrants all around US. This day, we express our pain and frustration that has been carrier by us since 5-9 years. This is going to be a peaceful protest with millions of flowers delivered to USCIS Director, Emilio Gonzalez.
    Gandhi ji is not alive, but many gandhians are born in our heart and soul, to make USCIS realise the value of Hardship and humanity.



    This is probably the first time when skilled, legal professionals are participating in an event like this at this scale and it goes to show the level of anxiety in the community right now. Would you be willing to write about this event ?

    For more information on the event, please see the attached pdf.

    pls. feel free to contact me for more information on this campaigne.

    Thanks,

    xxxxx




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  • Lasantha
    07-05 10:55 AM
    hate to be so ignorant but what does Gandhigiri mean? I assume it's something Indain. Can you tell us non-indians what that it. (Anything to do with Mahatma?)



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  • immigrationaccount
    08-28 06:19 PM
    For those who got approvals,

    Were there any RFEs regarding birth certificates in the cases where an affidavit was submitted initially?

    I submitted birth affidavit with my application, PD 24/March/06, goes current from 1/Sep.

    I understand from my parents that it takes good effort and may take long time to get the birth certificate. It will be a great help if you can share your experience.

    Thank you.




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  • EkAurAaya
    10-30 03:46 PM
    Sorry if this has already been posted
    _____________________________

    (c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:

    � A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and

    � The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.

    If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.

    Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.

    If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.


    Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9



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  • Legal
    07-27 11:39 AM
    Its unfortunate that you ask us to UNITE and use 'EB2 elitist protectionism' in the same breath. I am not even going down the road of EB3 'smarter' than EB2 because a reverse argument is equally valid if not more. The law as stated above is what it is - there is a clear categorizaton established by law. If there is a level of frustration with it then a campaign to change it makes sense. However any proposed changes that arbitrarily assigns visa numbers just because 'my HR filed it the way it got filed' then you need to check with your HR and port over to EB2 - if you think your private US degree qualifies you for it. The position determines EB2 or EB3 and I'll leave it at that.

    I have no problems in people expressing their opinion in an open forum and lobbying for change. The devil is in the detail. If the change means taking the EB2 excess visas to give to EB3 purely based on length of wait then I have every right to present another point of view - elitist protectionism or not.
    I have only seen implications to this effect but nobody has come forward and said it plainly - yes we are EB3 and we want the EB2 excess visas because we have waited seven years. Everybody seems to imply it but nobody wants to call it as plainly as I stated it above. I am only presenting a counter to that.


    and accurate.




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  • JunRN
    08-27 05:35 AM
    Mine was filed on July 31 as per FEDEX tracking number was received by C. Houge....I am hoping to receive my RNs on the first week of September based on the rate as per USCIS Receipt Processing Notice....




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  • ajaykk
    08-26 10:38 PM
    No, we have not tried calling yet. Both are on H1, so just have EAD for just peace of mind. Do let us know what you hear from the customer service.

    Thanks,
    Sina

    Even my spouse got card production ordered email. Good Luck to you.




    asdcrajnet
    07-02 09:52 AM
    Same here..But I am little lucky.My PD is May 2003.
    I sent the documents by June 8th,

    On June 25th I wrote them a sentimental email saying that I have not been to my home country in the last 4 years and would love to see my parents in ailing(Sorry Dad!!) december atleast. I mentioned them that getting h1B stamping is really a pain and would like to have EAD/AP by then. So its better to get in the queue before the July 1st rush

    Luckily they sent my package on June 26th. Hope it had reached the USCIS on time and mine is accepted.

    Yeah, I know my life sucks. I have a priority date of Jan 2003. Got filed under EB3 even though did MS here... I begged and pleaded that they atleast send it on Jan 28th. For god's sake, I was qualified all the way since June 1st. I gave all the documents necessary by June 6th itself. Well, but they had to file on 29th.




    maag
    05-30 10:49 AM
    Thanks Marty once again.
    I plan to apply for SIN but is it required to do medical insurance, PO box and bank account right now?
    I am returning back on monday and as of now don't know if i will go to canada or stay in US.



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