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  • Libra
    09-13 08:39 PM
    Milind you rock......thanks for efforts.




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  • ragz4u
    03-09 11:57 AM
    is it over now? All I get is buzzzzz

    Yes it is, the hearing is now scheduled for next Wed




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  • shantanup
    06-11 01:05 PM
    multiple year eads & ap - may or may not happen
    visa recapture - no chance
    visa increase - will not happen

    still contribute??

    Do you usually get paid first and then work? Do you get the returns first then you invest? Do you get the overpaid tax back first and then you file the tax return?

    How do you know in advance that visa recapture and visa increase will not happen?




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  • onemorecame
    07-24 12:14 PM
    I think I have been very lucky so far. I don't think USCIS processes based on anything concrete, I think it's a little random. Or maybe I am just lucky.

    I applied for PERM in Sep 2006 - EB3 - India.
    I got approved for PERM in Mar 2007.

    I applied for I-140 and I-485 concurrently in Jun 2007.
    I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP. So my approval came before my receipt. I live in California so everything went to Nebraksa.

    Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.

    Now I have to wait for only AP and Adjustment. And I still have 5 years left on my H1-B (2 years on this visa and then another extension).

    So I say, anything is possible. I wake up every morning and pray to USCIS because they made my life better :) :) :)

    how did you applied in i-485 on June 2007? or you applied on July 2nd?



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  • chanduv23
    11-17 02:26 PM
    Pardon my ignorance, but is this something we can ask clarification from CIS Ombudsman? Its real confusing:confused:

    Some updates: I talked to two different lawyers and both advised differently on this issue. In fact I got the impression that one of them didn't have much clue as much as some experienced IV members have. (He said if job titles are different than you have issues...) There are many people hanging on to their current employer due to confusion on this issue and potential effect on pending GC.

    and the great question continues to haunt: can a person keep working legally on EAD status if his/hers I-485 gets revoked in error by CIS? or he will be forced to resign from a new job when his MTR is being filed or in progress??? This is really killing me. Who has the answer? if anyone knows, please please share!

    lazycis, chanduv - anyone to comment on above new information???

    My blog was based on Attorney Rajiv Khanna's interpretation. We need to definitely nail this out. Any experts?




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  • susie
    07-15 11:19 AM
    APPENDIX: REFORM SOLUTIONS

    The Need for a Compassionate Visa


    Solutions

    Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows

    �(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,

    (A) for the purposes of subsections (a)(4), 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, and
    (B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �

    This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.

    In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.

    If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.

    Removal of Child Status Protection Act of 2002 (CSPA), section 8

    Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.

    Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.

    Dream Act

    This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.

    E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007

    We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).



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  • Marphad
    07-06 02:41 PM
    Not that I say we need change, but this is a public organization. Everyone has a right to call for election. There is nothing wrong.

    Only issue is, whoever wants to contest has to come out with public profile as mentioned by someone before. There are only few people who are openly public and with known real identity on this forum - thats sad!

    I am surprised to see that IV has 450K asset! Where did that number come from?

    I checked 2007 return and it has only 100K asset. I am not sure we accumulated 350K since then. I think you got confused with revenue vs. cash on hand / asset.




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  • mrdelhiite
    06-23 04:18 PM
    those are not the cases of India....


    As far as i know it should not matter when it comes to labor ..i mean which country u are from ... correct me if i am wrong ...i just wanted to say there is a movement ... i am sure not everyone is on trackiit ... i see this as a +ve thing
    -M



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  • Libra
    09-13 04:30 PM
    thank you GCNaseeb and sunty for contribution. LET'S GO TO DC.

    $100 Sent thru Paypal. (ID #9U1869976C484994N)


    Go IV Go.




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  • satyasaich
    03-08 01:10 PM
    Could be a firewall if you are in a corporate office that impose some rules
    Otherwise i think all should be able to listen

    Update: There are only 6 members of committee, but Sen.Spector decided to start the debate

    Why is that some people are getting access and some people are note getting access to the judiciary committee hearing on immigration



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  • ind_game
    05-13 11:15 PM
    was ur first MTR denied in error?
    as per you, your I-140 was never denied.

    Here is the exact wording from NSC. I have deleted all the irrelevant matter

    For I-485 Denial:

    You are applying on the basis of I-140, Petition for Immigration for Immigration Worker, filed on your behalf. However, record contains no evidence that a visa petition has been approved on your behalf. Since the record does not contain evidence that a visa petition has been approved in your behalf, your application is hereby denied.

    For first MTR Denial:

    However, it is noted that the Application to Adjust Status was filed on July 2, 2007 and Immigration Petition for Alien Worker was denied on September 4, 2007. Your application was only pending 2 months before the decision was made on the Immigration Petition for Alien Worker. You cannot port once the immigrant petition has been denied. Therefore, your motion is dismissed.




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  • waitin_toolong
    07-20 05:19 PM
    Guys,
    The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!


    A Total I-485 Applicants: 750000 Applicants
    B Each EAD processing time: 5 Minutes
    C Total processing hrs: 62500 Hours
    (Calculations: AxB/60)
    D Daily productive Hours: 5 Hours
    (It is a government body!)
    E Total Man Days (Business Days): 12500 Man Days
    (Calculations: C/D)
    F EAD Workforce: 30 People
    G Total Business Days: 417 Days
    (Calculations: E/F)
    H Average Business Days in a month: 21 Days
    I Total Clearing Time : 20 Months
    (Calculations: G/I)


    If you are determined to make sensational calculations and postings then who can stop you, but seriously stop assuming things.

    1st assumption: 750000 applicants (realistic figure near 500,000)
    2nd assumption: all are adults (why would kids need EAD, and there would be several in that category)
    3. it takes only 5 mts could take more or less who knows,
    4. work hrs
    5. number of people.

    Stop being so negative and sensationalizing everything. There are more genuine problems to talk about.



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  • franklin
    07-23 06:44 PM
    I think you are unnecessarily suspecting her posting. Retrogression kicked in Oct 2005 bulletin. So it is possible for her to apply in Feb 2005. I know for sure some people got their GC with similar priority dates. I think this whole immigration crap is turning everyone into cynical.

    Original poster has corrected the dates, however, as you can see, certain categories were retrogressed long before Oct 05

    http://travel.state.gov/visa/frvi/bulletin/bulletin_2007.html




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  • reachtoravi
    07-20 12:23 AM
    Donated one time $100 ...

    Just now signed up for $50 a month recurring contribution ...

    Thanks to IV for all great work.



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  • gccovet
    03-05 03:06 PM
    If I remember right, around July 2008, several people got soft LUD on their cases, there were 3-4 threads on these topic. All appeared to pre-adjudication process.

    GCCovet.




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  • gcisadawg
    03-04 12:16 PM
    Doesnt seem like anything is cooking at TSC! I-140 and I-485 still shows

    "On Oct 1st 2007 we received....blah blah blah...."

    -GCisaDawg



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  • ss1026
    03-31 03:52 PM
    Rcvd 45 day letter in early feb/2006 and replied same week. Waiting on further movement
    VA/PD Feb2005/RIR/EB2




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  • hibworker
    12-10 06:57 PM
    I was single at that july 07 fiasco, now repenting.wife cannot work. no tunnel, no light.

    What are you repenting? That you were not married in July 07 ... well that's not your 'sin' or is it?




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  • nk2006
    10-17 02:47 PM
    Hi,

    I know you said Email is ok. Just trying to confirm.( because it's easy to send )

    Thanks

    Yes email is fine. If you can please also mail the physical letter - not sure which form of mail gets more preference at USCIS.

    Thank you.




    chanduv23
    07-06 10:14 AM
    Be careful in choosing the wording. Don't bad mouth the agencies or talk about scandals and security lapses. Just concentrate on how this fiasco affected you and millions of people legally waiting in line




    funny
    09-12 03:15 PM
    ^Bump^



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