Thursday, June 16, 2011

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  • gc_kaavaali
    07-14 03:49 PM
    Bumpers...please bump this thread...this should be on top...




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  • rongha_2000
    04-30 04:03 PM
    They are bullsxxting themselves and everyone else. I am amazed..!! These committee members dont have a clue of what they are hearing about. Mixing GCs with H1-B. This issue is always a killer and more inportantly not even related to issue at hand..!!

    I am losing hopes.. I might find solace in Alberta, I hope.

    I don't understand how removing the country limit may have resorce implications, as how I understand is, instead of adjucation an EB-2(2008) from Mali you'll be adjucating an EB-2(2004) from India, what difference it is for them ???




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  • MindGlow
    07-09 10:38 PM
    Received this e-mail from Tom Davis (Virginia congressman for where I live) today (Monday, July 9, 2007). Plan to reply by tomorrow mentioning it is not about "individual redress" rather a wrong imposed by USCIS/DOS on the legal-patiently waiting-community of immigrants. Any suggestions welcome.

    Dear Mr. <Name>:

    My staff is aware of the situation regarding employment-based visa applicants seeking adjustment of status and the most recent announcement by the State Department of the unavailability of visa numbers. At this time, my staff members are reviewing the situation. Individual redress is not possible at this time.

    Thank you for contacting me.

    Sincerely,

    Tom Davis
    Member of Congress




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  • eb3_nepa
    07-14 03:34 PM
    Sent $21.. 7YB8Z-XTRJT.

    Thank you.

    Nice. Any particular reason for the 20 + 1? :)



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  • Saralayar
    09-01 10:23 AM
    Let us see who is waiting for most time in USA.

    5 years and counting.

    If you can tell your history of Greencard and any tip on applying early would appreciate.
    Why don't you create a poll for this?. That will be easier.




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  • ragz4u
    03-09 11:34 AM
    I am assuming that will be the end result. It means they will not be counted against any VISA CAP.

    If I understood it right, they wanted to remove the 10% per country limit for the Nurses and Physical Therapist since a majority come from 3 countries - India, China and Phillipines

    Again, not too sure if I understood it right



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  • chanduv23
    09-12 01:58 PM
    These are all good thoughts but what u are suggesting takes some time.
    The issue has two legs:
    Leg 1: Process fix
    Leg 2: Increasing number of greencards

    What I am talking about is leg 1 and what you are talking about is for leg 2
    and both are required.

    I am not discouraging you for taking initiative - I am for it - let this be the first step towards doing something - but looks like we lack directive and path of execution.




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  • chi_shark
    06-11 12:56 AM
    if the orignial post on this thread is really true, then eb2/eb3 india/china with p.d. older newer than 2002 should basically pack whatever they have so far and leave... is that a fair reading? does anyone care to ammend my statement to perhaps "newer than 2003 [or 2005]"?

    At least this clears up any hopes from future Visa Bulletins. What's next?



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  • Macaca
    09-12 04:47 PM
    Will do more tonight

    As you see, I don't have the email address of some reporters. But there is a pattern. It will help if someone can verify the pattern for the missing reporters.




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  • pappu
    06-10 01:02 PM
    Just to summarize what's going to happen with VB in final Quarter.

    Two words: Nothing Positive

    CIS and DOS officials are meeting every week after July 07 fiasco. They have a better handle on the visa number utilization than they ever had in the past years. As a result they have max utilization of visa numbers and don't be surprised if DOS decides to move EB2 India and China a month or two back. Neither India EB2 nor China EB2 is going to move past Oct 2004 before Oct 08 bulletin.

    That is true and IV core member Nixtor had given details about this visa movement more than a month ago in the all state chapter conference call. This call was strictly for state chapter members of all states. IV core has been meeting DOS and USCIS regularly to find solution to the problems our members have been facing.

    Pls take part in the call campaign and contribute funds to be able to find relief.



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  • vinabath
    07-20 01:14 PM
    I can see how it will affect many people's (including mine) spouses job prospects.

    Assuming it takes longer than 12 months, what are the options here? I would like to understand what AC21 says. Is having an EAD a precondition of using the AC21 provision i.e. does it say -
    "an employee after 6 months of filing 485 AND having an EAD in hand can switch jobs"

    or does it say

    "6 months after filing 485, the employee can switch"

    thanks

    To use AC21 ( to change employer) no need for EAD.

    You can do it on H-1.




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  • h1techSlave
    07-15 11:46 AM
    I am sending two High Fives - one from me and another from my wife.



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  • amitjoey
    07-18 02:30 PM
    Hello
    I have made my first contribution of $100
    Google:867468246130567
    Thanks
    Greater Richmond

    Thanks gcrich, we need more of the first timers, to contribute.
    I am sure there are a lot many that have never ever contributed, and need everyone to come forward and do it. Sign up for the recurring contributions.




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  • Saralayar
    08-11 03:09 PM
    Can someone start a new thread with poll for the July 17th - Aug 17th filers?. I am not able to start a new thread.



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  • geesee
    07-18 04:21 PM
    Made my first (small) contribution of $100 today !!
    Google order no. - 952531454379821

    Many thanks to all of IV members !!!




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  • kalparikh
    08-02 04:32 PM
    I am july 2nd filer!!!!!

    I spoke to NSC today and they told me that he told me that you need to wait 45 days. OR your check is cashed, there is no way they can check tes system and find out the status for you.

    I am glad it will be done this week end!!!!

    KP

    I have talked to a representative and he very patiently explained me about the mess.
    He clearly and very clearly told me that they have a deadline to send all receipts for June end and July 2nd filers by friday (tomorrow) or worst case monday.

    He mentioned that they are working hard to meet this deadline.
    Hope this clears the anxiety.

    This is true for NSC only.



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  • yoda
    09-13 12:54 PM
    State coordinators and the team from states with a large immigrant population like the IL, MI, FL, GA, AZ.. Where art thou?

    Please remove some time to send the rally information to the important radio stations (Public Radio) and your state's/town's largest newspapers..

    We are on the final leg of our run folks, lets give it the final push!




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  • chanduv23
    09-17 10:27 AM
    Come on folks - we are doing everything we can till we start to DC

    Milind - kudos for this effort

    Come on folks - IV is doing so much for you - IV has provided you with sucha wonderful platform

    Lets all payback by doing what we can




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  • raju123
    06-01 04:00 PM
    This might be useful to you.

    Age-Out Problems under the Interplay of the Rule of Concurrent Filing and "Child Status Protection Act"

    The "Child Status Protection Act", effective August 6, 2002, addresses the problems of minor children losing their eligibility for certain immigration benefits as a result of INS (now USCIS) processing delays. Prior to the passage of this law, a child's eligibility in Employment-Based Immigration situations to be part of his or her parent's application as a derivative beneficiary was based on the child's age at the time that the child's I-485 was adjudicated. Because of enormous backlogs and processing delays, many children turned 21 before the their I-485 applications were adjudicated. In such cases, the children "age-out" and are no longer considered to be part of the parent's application and lose their eligibility to obtain green cards as a derivative beneficiary.

    Children who otherwise would have aged out may successfully adjust their status through the additional interplay of the new Concurrent Filing rule and the "Child Status Protection Act." According to the "Child Status Protection Act," the eligibility of these aging-out children will be determined by their age at the date a visa becomes available to them minus the number of days that the Employment-Based immigration petition was pending. Furthermore, these children must file for permanent resident status within one year of such availability. For a clearer illustration of this rule, please see the different scenarios below.

    Example 1
    The Labor Certification application that was submitted on John's behalf on January 1, 2000 was later approved on December 31, 2000. Afterwards, his employer submits an I-140 (EB-2) immigration petition on John's behalf on January 1, 2002. At that time, John's son, Junior, is 20 years and 7 months old. John's I-140 petition was pending for six months and was approved on July 1, 2002, one month after Junior turns 21 years of age. The visa number for EB-2 was available for John on July 1, 2002. Under the old law without the Child Status Protection Act, Junior has aged out because he is now 21 years old. However, under the new law, his age is fixed as of the date that a visa number becomes available minus the number of days that the I-140 was pending. Because John's I-140 was pending for six months, these six months must be subtracted from Junior's age at the time the visa number became available on July 1, 2002. Subtracting six months from Junior's age of 21 years and one month on July 1, 2002, Junior's age is fixed at 20 years and 7 months. Thus, even though he was already 21 years and one month on July 1, 2002, he is still considered a "child" for purposes of accompanying his parents in adjusting his status to permanent residence. However, Junior has to file his I-485 within one year from the date of I-140 approval, that is before July 1, 2003. The length of time that is takes the USCIS to adjudicate Junior's case is no longer important in these cases.
    According to "Child Status Protection Act", if through the above calculation, the child's age is fixed at 21 or older, the child would be automatically reclassified to an appropriate category and retains the principal beneficiary's original priority date. Please see the next example below.

    Example 2
    Same facts as above except that Junior is 21 years and seven months old at the time of John's I-140 approval. Because John's I-140 was pending for six months, Junior's age will be fixed at 21 years and one month. Even with the Child Status Protection Act, Junior still ages out and may not adjust his status at this time. However, he will automatically be reclassified to an appropriate category, family-based 2B, and retain his father's original priority date, January 1, 2000, which is the date John's employer filed John's Labor Certification application.

    Example 3
    Richard filed his I-140 immigration petition (NIW) on August 1, 2002. Richard's son, Simon, is 21 years and one month old. According to the new I-140 and I-485 Concurrent Filing Rule, Richard filed his I-485 because the visa number was currently available for Richard at that time. However, Simon cannot file his I-485 with his father because he aged out.

    Example 4
    Howard's daughter, Rachel, is 20 years and 10 months old. Howard filed his I-140 immigration petition (NIW) on August 1, 2002. According to the new I-140 and I-485 Concurrent Filing Rule, Howard and Rachel filed their I-485 since the visa number was available for Howard at that time. Thus, according to the "Child Status Protection Act," no matter how much time Howard's I-140 is pending, Rachel will not age out.
    Visa numbers are currently available to all EB-1, EB-2, and EB-3 categories. Thus, with the new Concurrent Filing rule, any person who is a beneficiary (or applicant) of an I-140 petition that has already been filed or is filing the I-140 at this time is now eligible to file the I-485 application as well. Family members will be eligible to file the I-485 along with the principal alien. However, since the Concurrent Filing rule became effective, visa numbers may become unavailable in the future because more eligible aliens will be filing their I-485. Thus, eligible aliens with aging-out children should file their I-485 as soon as possible. Please see next example.

    Example 5
    Jenny filed her I-140 immigration petition (NIW) on August 10, 2002. Jenny has a son, Benny, who is 20 years and eleven months old. However, due to the new I-140 and I-485 Concurrent Filing Rule, many aliens have filed their I-140 and I-485 together and the visa number for EB-2 has been exhausted. However, the visa number will not be current until December 2002 when Benny will be 21 years and three months old. If Jenny's I-140 is pending for six months and will be approved in February 2003, these six months will be reduced from Benny's age in December 2002 when he is 21 years and three months old. Thus, his age is fixed as 20 years nine months. However, if Jenny's I-140 petition is pending for only two months and will be approved in October 2002, Benny's age will be fixed as 21 years and one month. Thus, Benny ages out in this scenario and must wait until his priority date under family-based 2B immigration becomes current.

    Example 6
    Jason filed his I-140 immigration petition (NIW) on June 30, 2002. Jason has a son, Ken, who is 20 years and ten months old at that time. According to the visa bulletin, an immigration visa number became available for Jason on July 31, 2002. Ken was 20 years and eleven months on July 31, and he is not in the U.S. but in his home country. Because of the new I-140 and I-485 Concurrent Filing Rule Jason filed his I-485 on August 10, 2002. If Jason's I-140 is pending for 6 months until December 31, 2002, one month pending period from June 30 to July 31, 2002 should be subtracted from Ken's age on July 31, 2002. Thus, Ken's age is fixed as 20 years and 10 months. Ken may apply for his immigrant visa through Consular Processing at U.S. Consulate in his home country within one year from July 31, 2002.

    For more information about "Age Out", please click the following topics:

    What is "Age Out"
    Child Status Protection Act
    If you are a USC, does CSPA prevent your child from "aging out"?
    If you are an LPR or will be an LPR, does CSPA prevent your child from "aging out"?
    Age Out Problems in Employment-Based Immigration
    Age Out Problems under the Interplay of the Rule of Concurrent Filing and "CSPA"
    Child of Asylee and Refugee
    Unmarried Sons or Daughters of Naturalized Citizens
    Effective Date of the CSPA


    Hi All,
    I want to know if my 19 year old son can be affected by aging out.
    I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
    Can someone who understands the aging out rules tell me if my son may have a problem?
    Thanks in advance...




    JunRN
    09-28 07:43 PM
    Hopefully, they can repeat the same madness again and do it for good this time around.

    Looking at , it seems that latest approvals really come from ROW and Philippines for EB2 and EB3.

    So ROW and Philippines filers, hang-on!




    shreekhand
    07-24 02:19 PM
    A# is not a visa number but a file # assigned to each individiual applying for permanent immigration.

    Visa number is something that is not visible to the petitioner but a way to count of how many visa are issued for the various categories by the DoS.

    Pardon my intrusion here! I searched various forums but I couldn't get any solid threads on visa number because it is so common term the search always yields wrong threads! so can some one tell me..what is a visa number after filing 485? is it same a A # ? or is there another number besides A#? Do we see it on 485 reciept? if not how do I find out? I



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