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  • kartikiran
    12-11 08:35 AM
    Looks like they are changing the spillover rules again from Horizontal to Vertical this is bad news for EB2 I

    Because the spillover projection is given only for EB2(China and India). This is due to fact that only EB2-Row is current due to which there is a possbility of spillover which flows to China and India and not to EB3-Row(if it was vertical).




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  • sayantan76
    01-05 11:21 PM
    Ok then, why did you come to America to study at Duke? Why did you spend all this money? The reason our people invest crores of rupees in American education is that it is better.

    You people seem to be too nationalistic. Even with the comments about quotas. Affiirmative action with 52% of all seats being reserved based on caste? You call this fair?
    I dont think anyone is arguing that american schools are not good enough.......they certainly are - specially with the kind of tuition fees people pay to get into these schools. Besides - people coming here for education does not necessarily mean its better - lot of people come here for the international exposure - lot of good students from around the world do indeed congregate here for education - combination of good schools, openness, english as common language....all these have contributed to the historical greatness of america - does not make your motherland any worse!

    Look at quotas as a way to bring in factors other than just your score in a standardized examination.......in India that factor might be caste - here it might be affirmative action in favor of some sections of society and other subjective factors like essays, letters recommendation, the fact that you were a cheerleader in high school etc.....look, i am not saying quotas is a great system - but all i am saying is that there are shortcomings in selection systems in schools around the world not just India.




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  • anyluck?
    12-10 06:48 PM
    I was single at that july 07 fiasco, now repenting.wife cannot work. no tunnel, no light.




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  • Libra
    09-29 12:04 PM
    only option is they can hire some people to process application on temp basis.

    and the last recapture was a bill that was passed in congress.
    efforts are on for a recapture. but the valid question raised is: how does a recapture help when USCIS can't even process 140,000 a year?



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  • leo2606
    09-09 08:38 PM
    Contributed $100 today morning.

    I am still coming to D.C rally, volunteering to transport our folks travelling to IAD or Regan, bringing 7 additonal folks to D.C rally with me(6 new members I was able to pull since last one month, no financial contribution yet at this point).Still targeting new folks who doesn't know any thing about IV and it's efforts.




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  • tampa2006
    07-18 09:14 PM
    I have contributed my bit by signing in for $50 montly contribution. I hope that we will make IV a grassroot movement.



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  • amsgc
    06-03 08:17 PM
    ^^




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  • rajuram
    05-24 10:18 PM
    Which bills are you talking about? I read most were dropped from Iraq funding bill that passed recently.

    We are just drifting my friend..no direction..no hope....

    Please contribute IVians. We need your support to lobby for the current bills which have been introduced.

    My perspective on contributing to IV, is that I would gladly contribute $100 if there was a chance that I can get my gc a few months faster because of the efforts of IV.

    Got GC Stress??
    Contribute To IV Today!!



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  • desidude
    07-15 10:56 AM
    Sent $10....


    Thanks!




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  • nk2006
    10-24 03:05 PM
    Seems like there are more such cases - there is a news item on this topic yesterday on www.immigration-law.com with the title "10/23/2008: Increasing Customer Reports of Denial of AC-21 Ported I-485 Applications Without NOID by USCIS Upon Petitioner's Withdrawal of Approved I-140 Petitions"

    Seems like they too dont know whether its related to untrained USCIS staff's mistake or some other issue.



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  • Immi_Nightmare
    07-06 05:56 PM
    aarbi, did you do your medicals, did you loose your work day, did you paid your attorney, did your wife(if any) came back from middle of the vacation, did you had health problem when you done your medicals....did your app got stuck at USCIS for years......
    sleepless nights for those people who's answer is YES for most of the above questions

    My wife is in the exact sme situation as yours . She to scramble around in India to get her passport re-validated after my H1 extension in the middle of her vacation and board the next flight to US , go through the medical tests only to find out that the dates have been pushed back again.




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  • stldude
    07-06 02:56 PM
    Anything we can do to get through without having to spend sleepless nights till Oct'.......



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  • MDix
    08-22 09:32 PM
    Simple English : EB2 will be more tough. They do have same strict guideline for EB1 also. If implemented then it will be tough to get EB2.

    E21(EB2):

    5. Paragraph (2)(A) of Chapter 22.2(j) of the AFM is revised to read as follows:
    (A) Evaluation of Evidence Submitted in Support of a Petition for an Alien of Exceptional Ability. 8 CFR 204.5(k)(3)(ii) provides that, in order to show the requisite exceptional ability, the petition must be accompanied by at least three of six criteria (set forth in 8 CFR 204.5(k)(3)(ii)). ISOs should use a two-part analysis where the evidence is first counted and then considered in the context of a final merits determination.
    Part One: Evaluate Whether the Evidence Provided Meets at Least Three E21 Alien of Exceptional Ability Criteria. You must make a determination regarding whether the evidence submitted in the petition meets at least three criteria at 8 CFR 204.5(k)(3)(ii). Note: While ISOs must consider the quality and caliber of the evidence to determine whether a particular regulatory criterion has been met, the ISO should not make a determination relative to the alien�s claimed exceptional ability in Part One of the case analysis.
    (i) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
    (ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
    (iii) A license to practice the profession or certification for a particular profession or occupation;
    (iv) Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
    Note: To satisfy this criterion, the evidence must show that the alien has commanded a salary or remuneration for services that is indicative of his or her claimed exceptional ability relative to others working in the field.
    (v) Evidence of membership in professional associations; or
    (vi) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
    Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
    Page 16
    (vii) If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility.
    8 CFR 204.5(k)(3)(iii) provides that petitioners may submit �comparable evidence� to establish an alien�s eligibility in cases where the standards set forth in 8 CFR 204.5(k)(3)(ii) do not apply. In cases where such comparable evidence is submitted, it is reasonable to require the petitioner to explain why 8 CFR 204.5(k)(3)(ii) does not apply.
    Part One: Evaluative Determination. The determination in Part One of the analysis is limited whether the evidence submitted satisfies at least three of the criteria at 8 CFR 204.5(k)(3)(ii) or the comparable evidence criterion in 8 CFR 204.5(k)(3)(iii). After determining that, by a preponderance of the evidence, those criteria have been met, the ISO should move on to Part Two of the analysis to make a separate merits-based determination of eligibility based on the totality of evidence presented.
    Part Two: Final Merits Determination. Meeting the minimum requirement by providing evidence three of the regulatory criteria does not, in itself, establish that the alien in fact meets the requirements for classification as an alien of exceptional ability under section 203(b)(2) of the INA. In Part Two of the analysis, you must consider all of the evidence to make a final merit determination of whether or not the petitioner has, by a preponderance of the evidence, shown that the beneficiary is at a degree of expertise significantly above that ordinarily encountered. Therefore, evidence submitted to establish exceptional ability must somehow place the alien above others in the field in order to fulfill the criteria; qualifications possessed by most members of a given field cannot demonstrate a degree of expertise "significantly above that ordinarily encountered." Note that section 203(b)(2)(C) of INA provides that mere possession of a degree, diploma, certificate or similar award from a college, university school or other institution of learning shall not by itself be considered sufficient evidence of exceptional ability. To meet the criterion set forth in 8 CFR 204.5(k)(3)(ii)(F), formal recognition in the form of certificates and other documentation that are contemporaneous with the alien�s claimed contributions and achievements may have more weight than letters prepared for the petition "recognizing" the alien's achievements.
    6. The existing text of paragraph (2)(B) of Chapter 22.2(j) of the AFM is removed and the paragraph is reserved.
    7. Technical Correction: The thirteenth paragraph in Chapter 22.2(b)(5)(B) of the AFM is revised to read as follows:
    For successor-in-interest purposes, the transfer of ownership may occur at any time after the filing of the original labor certification with DOL.
    Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
    Page 17
    8. Technical Correction: The DOL email address to use to request duplicate approved labor certifications from DOL in paragraphs (9) and (10) of Chapter 22.2(b) of the AFM is revised (in both paragraphs) to read as follows:
    The duplicate




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  • eb3_nepa
    07-16 12:20 PM
    $1 gas money saved from not going to subway :D :cool:


    Good one!



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  • amitjoey
    07-05 02:13 PM
    The following write-up appears here courtesy of ChanduV23, one of our members. This has been edited for content and messaging:

    Thank you ChanduV23

    - On behalf of the Core IV Team

    I am a highly-skilled professional who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as "Green Card" for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get Green Cards for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, backlogs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS) and other allied state and federal agencies.

    Several categories of EB immigrant visa (Green Card) numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, these delays have led to indentured servitude for several of us. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been compromised.

    For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date� (date assigned to us for our turn in the line for Green Cards), all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.

    Please note that 6/13 DOS announcement would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as the right to travel and right to work- this was still a welcome change. Especially, for dependent spouses who have been otherwise unable to work, this would have translated into right to travel and work without restriction and thus channel their energies positively. TSeveral dependent spouses are also highly-skilled. This would provide them an opportunity to realize their technical and entrepreneurial expression and add to tax dollars. Additionally, this would have greatly reduced the paperwork burden on our sponsoring US employers.

    Tens of thousands of applicants spent thousands of dollars in legal fees, immigration medical exams & vaccinations & getting various supporting documents ready to file our immigrant petitions to USCIS, at times inconveniencing our old parents in our home countries as well. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our home countries or have had to cut short business trips. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all petitions filed in July would be rejected.

    For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.

    We sincerely seek immediate congressional/ legislative remedial measures which would
    (1)Reduce the enormous backlogs of green card petitions of legal skilled immigrants
    (2)Ensure and request USCIS not to reject our immigrant visa petitions filed in July and provide us interim benefits of a pending immigrant visa petition. We make this sincere request on this Independence Day with the hope that people who played by the rules will be rewarded.




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  • GCneeded
    10-16 01:12 PM
    Like many immigrants, I moved to USA in search of American Dream. With a degree in Computer Science and valuable experience, I thought I could pursue my ambition to excel in my field, while also fulfilling my American Dream. My dream of America was about freedom. Freedom of working at niche companies, living a comfortable life, earning higher wages than what I used to earn in my Home country. What started out as a dream has turned to a nightmare. Like many others I came to USA on H1-B and wanted to convert to a permanent resident. The process, which used to take 2-3 years, has turned to uncertainty. The path for Permanent residency has been entangled in complicated government laws and bureaucracy. I had to wait in line for 4 years just to get my labor application approved and now I am struck in another queue of retrogression. I moved from my country; because I did not want to wait in line at Ration shops, bus stops. I wanted to escape from the lines, but now I am struck in a bigger line with no end in sight.

    Whenever there is a discussion about immigration, People always assume it as about illegal immigration. So I have to keep reminding people that there is another side to immigration. Legal immigration. The issues of legal immigrants have been ignored and been buried in the midst of illegal immigration controversies. When I send letters to House Representatives/Senators about the problems of legal immigrants, they reply back about increasing H1-B numbers. Legal immigration is NOT just about just increasing H1-B. Also the anti immigration groups publish that people on H1-B don�t pay taxes. But we pay taxes, Medicare and social security like all other American citizens. With the current immigration laws, we might not be even to avail the benefits of these taxes.

    The facts of the legal immigrants

    � We are NOT here to take American jobs. We fill those positions when a suitable American citizen was not found
    � We PAY TAXES like any other American citizens
    � We are here legally. The government has assessed our qualifications and education.
    � According to Economic Report of the President, 2006 - Legal skilled immigrants increase productivity growth and improve the standard of living for the U.S. population as a whole.
    � According to Economic Report of the President, 2006, skilled immigrants constituted 76% of the employment growth in the Executive, Managerial, Professional (e.g., Scientists, Doctors) and Technical (e.g., Health and Science Technicians) categories from 1996 to 2002.
    � According to Annalee Saxenian, �Silicon Valley's New Immigrant Entrepreneurs,� Public Policy Institute of California, 1999, in 1998, Chinese or Indian CEOs ran 24 percent of Silicon Valley�s technology firms. These companies accounted for over $16.8 billion in sales and 58,282 jobs. These numbers may still understate the scale of immigrant entrepreneurship in the region because firms started by Chinese or Indians with non-Asian CEOs were not counted.

    We are being backlashed by the congress and the anti immigration groups, even though we are highly skilled, well educated and staying legally. We have done nothing but help America in its economic growth and in its quest for innovation and technology. Now we are being punished for being here legally and law abiding by putting us in retrogression. We cannot get Salary hike, or promotions when our green card is in process. So while my American colleagues have moved to greener pastures, I am struck here at the same job and same salary. People struck in green card process cannot open new ventures. The new ventures would open new jobs and increases America�s competitive edge in innovation and global leadership in technology. If American congress does not act at this point of time, there will be a �BRAIN DRAIN�. People fed up with retrogression have already started looking at other countries like Australia, Canada who are welcoming high skilled immigrants with open arms and easy migration laws. As for me I have invested my prime youth for my American dream and hope American government will embrace high skilled immigrants like me. Rep. Shadegg has tabled H.R. 5744, SKIL bill for legal high-skilled immigration. This bill would reduce the current wait time for getting the green card. I sincerely urge congress to pass SKIL bill which will reduce the wait times and help high skill immigrants help America to sustain it�s edge on technology and global innovation.


    We are getting more calls for op-eds and need more IV members to pitch in and write articles.



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  • reddog
    03-12 10:50 AM
    Looks like it only tracks people who donated for FOIA

    No, it does not even do that. it does not let FOIA donors logon too.
    First, the whole concept of donor based organisation is so stupid.
    I mean really stupid.

    If the donor based thing is ON, the future of IV is not good.
    Yeah, IV does good work by talking to people all around, from different stratas of lawmaking and what not.

    but get real, look around guys, information is everywhere, not only here. and you are working for the greater good of the community, only donors are not going to be benefitting from this.

    Instead of making donor based posts, have a FOIA kinda drive every now and then.

    unbelievable, and to top that, even donors cant access the so called 'DONOR posts'.
    talk about low life bureaucracy, welcome to IV.




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  • GC-Italy
    03-20 10:09 AM
    On page 10 of this thread you can see my other entry.

    I got my receipt numbers on March 14th.
    I immediately called customer service to figure out what my options are.
    They inoltrated a request to expedite and gave me a WTCxxxxxxxxx confirmation number (similar to what happened to watertown).
    I read the various forums and I cannot find any other example of this WTC confirmation numbers.
    Are there other people that requested to expedite AP through the phone and got a WTCxxx number?
    What is your experience with this method?
    Thank you in advance.




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  • Chiwere
    08-20 05:57 PM
    Yep, my email bounced back as well. Do you happen to have emails for the Director and the Dy. Director?

    No, they prefer not to be contacted obviously. Googled a fax no though - Fax# 402-219-6171




    ItIsNotFunny
    10-21 01:16 PM
    Yes its a very serious issue. As chandu mentioned earlier more action items are coming soon to fight this. But in the meantime please show your support and your willingness to fight this - if you havnt sent the mail yet, please do it and vote in the poll above. When we started this campaign, I though that at least a few hundred people will come forward easily - now is the time to act.

    With you.




    JazzByTheBay
    11-28 10:53 AM
    You make a good point. However, since I have mentioned both EB and FB in the article, I think it is appropriate to include that it can in fact take 20 years to get the GC. The Senate bill does have provisions to ameliorate both EB and FB backlogs, as far as I remember.

    Pankaj

    Instead, one can say "... could take up to 20 years".

    I am afraid, as we all are, that this certainly will be the case down the road with retrogression.

    Perhaps it may be a good idea to mention that with economies of countries like India on an accelerated growth path, these highly educated, skilled and experienced professionals that are an asset to America are increasingly preferring to (or seriously thinking about) returning to their home countries.

    Another scenario - 20-25 years down the road, America will no longer be a leader any more given the growth of India and China. To sustain the technological and economical leadership of America, it is critical that we act now and fix a broken immigration system, and grant those legally here for a number of years, with approved Green Card petitions the pride of actually becoming permanent residents and eventually citizens as quickly as possibly.

    Jazz



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