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  • sc3
    08-22 02:17 PM
    please ignore the dots...the important thing is to make the lawmakers aware of the issue. As mirage mentions we should send a letter to the rep Logfren, (i have mailed the letters), we just want them to be aware that there is an issue, ROWs please send them too, you will also be impacted. Nothing against EB2's or the comments they have passed so far, we dont want to undermine your visas, the idea here is simply to make the lawmakers and DOS/USCIS aware of the problem.

    In a way DOS/USCIS have opened a pandoras box because EB3 as a whole will see slower approvals leading to a larger number of countries stuck in the process across a spectrum of countries. earlier it was mainly india, china and mexico. If visa allotment policy holds then you will see more countries getting retrogessed.

    Thanks for your replies guys. I don't care about the dots, but I do care about not disbanding IV or derailing its objectives. I haven't in any post questioned or asked people to stop supporting IV, so I am indignant about being charged that I am undermining IV efforts.





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  • babu123
    06-29 05:16 PM
    We wasted lot of time, money and effort with this 485 filing for the last 15 days. I am terribly disappointed with the outcome now.
    We need to file a lawsuit against USCIS and Dept of State for the loss that has happened to us.





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  • getgreensoon1
    03-29 01:00 PM
    What are you talking about? this is not a good news, we will decide that after May Visa Bulletin. For now just read that as a publicity stunt from lawyers and forget about it.

    MC

    Most of these immigration lawyers are having hard time these days and are not making as much money as they once used to. This could very well be a publicity stunt for creating a scene that eb2 is going to move very fast so that more eb3 will work on porting, thereby making big bucks for lawyers. Wait until you get your greencard in hand.





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  • eb3_nepa
    07-10 09:55 AM
    I am sure Mrs Emillo will get lot of flowers tonight :)

    YEP courtesy of a thousand screwed immigrants;)

    You know what lets donate blood, kidneys, brains, hair, other miscallaneous body fluids as well. Lets keep on giving and giving until they get the message that "hey these people cant give any more. Lets kick them out and get a fresh new batch of idiots".



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  • mhssatya
    04-05 04:55 PM
    I am a subscribed member to IV since last Fri but still can't access the donor forum..somebody help..

    One might get a better answer from this thread

    Donor Forum: Analysis for EB2IC based on new..





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  • yagw
    08-16 06:13 PM
    Am a new member here. Thought of posting the follow-up activities I have done till now and the results for the same.

    Details:
    PD: Oct 2005
    Center: NSC
    I485 RD: 07/26/2007
    I485 ND: 08/24/2007
    FP done only once in 2007 (forgot exact date).

    Follow-up:
    08/03/2010: Opened SR for primary (self)
    08/05/2010: Sent email to NSCfollowup. Got reply that this account address is for following up on open SRs.
    08/09/2010: Infopass appointment, did not get any useful info other than that case is being processed
    08/09/2010: Opened SR for Secondary (spouse)
    08/12/2010: Got response for 1st SR. Main gist of reply was that due to pending caseload in Nebraska, the processing time for my case has been extended :(. But the statement that got my attention was "Your application remains awaiting review by an Officer and you will be notified as soon as a decision is made. The Service is waiting for VISA availability." So called helpline again and was able to get to 2nd Level IO. She said that this statement is a mistake and that Visas are still available. Also confirmed that my case is with IO. However she said that I might be required to do FP again. The FP might be causing the delay.
    08/13/2010: Contacted local congressman and asked help for following up.
    08/13/2010: Send letter to Ombudsman

    Latest status: Still waiting, not sure what other action I can take.

    You are doing the right thing. Don't give up. Contact the Senator, if you have any other application pending (like EAD or AP) call them and try to find the status of it. Open an SR for it if needed etc...



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  • bayarea07
    09-12 06:39 PM
    I Pledge to call Judiciary members one more time this weekend and leave them Voice Messages.

    This is our last Chance, otherwise be ready to wait untill 2020 to get your Rights.
    Please CALL !!!
    Please CALL and create awareness among frends and family be sending link for this forum so that they can call Judiciary Commitee.





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  • coolcat
    05-17 05:47 PM
    I don't see an answer to vsoni's question. I don't know the answer either. Can someone answer vsoni's question and also mine, please?
    Here is my question:
    I'm currently on an H1 visa status. I'd be applying for 485, EAD, AP on June 1 (my PD becomes current then. :) ). Currently I don't have a H1B visa stamp in my passport. I'm planning to leave for India immediately after applying for 485, EAD and AP and apply for visa in India.
    My question is if my H1B visa gets rejected, can I come to the US on AP (someone in the US will mail me the approved AP)?

    D. If you travel before the advance parole document isissued, your application will be deemed abandoned if:
    1.You depart from the United States; or
    2.The person seeking advance parole attempts to enter the United States before a decision is made onthe application.

    The answer to my question is in bold, underlined. Hmmm. Doesn't favor me. :(



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  • furiouspride
    09-09 11:06 PM
    Hi,

    Today at 9:03 PM I got the following magic letter

    On September 9, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

    Came to US in 1999

    Applied for EB3 labor in July 2004
    Applied 485 in July 2nd 2007
    Waiting for EB3 dates for India

    Mean time wife applied for EB2 NIW Self petition in March 2006 and got approved
    Again she applied for new labor in Nov 2009 and applied for I-140 in May 2010 in EB2
    Her new EB2 I-140 got approved in Aug 4th 2010 and USCIS ported the March 2006 priority date automatically

    Yesterday she opened SR and today got the approval magic letter


    Special thanks to immigration voice and all the immigration voice members

    Thanks and good luck.
    if you do not mind, could you please share the domain your spouse works in? fed?





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  • eb3_nepa
    07-10 09:55 AM
    I am sure Mrs Emillo will get lot of flowers tonight :)

    YEP courtesy of a thousand screwed immigrants;)

    You know what lets donate blood, kidneys, brains, hair, other miscallaneous body fluids as well. Lets keep on giving and giving until they get the message that "hey these people cant give any more. Lets kick them out and get a fresh new batch of idiots".



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  • BharatPremi
    09-24 12:07 AM
    What is the per country cap for India?

    28.6%/5 = 5.72% for EB3-India + Spillover from EB2 and EB1, not more than 10,000 of which to "Other Workers".
    28.6%/5 = 5.72% for EB2-India + spillover from EB1
    28.6%/5 = 5.72% for EB1-India + spillover from EB4 and EB5


    Each category is 28.6% WW Quota.

    WW Quota consists of 5 country specific sub-quotas 1)India 2)China 3) Mexico 4) Philipines 5)ROW.

    Based on page 1, I do math as under for Philippines categories.
    -------------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 70 Quota to be spilled over to EB1= 1890
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1890 + EB5 spillover 1960 = 11858 - pending 74 = Total
    11784 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11784 =19792, Pending: 510, So total 19282 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19282 spill over =27290 - 11563 Pending = 15727 VISA extra.
    6) �Other Workers� � Pending: 264 TOTAL UNUSED VISAS = 15727-264 = 15463 UNUSED VISAS will go to the quota
    of other countries.


    Based on page 3, I do math as under for ROW categories.
    ------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 1378 Quota to be spilled over to EB1= 582
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 40 Quota to be spilled over to EB1 = 1920
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 582 + EB5 spillover 1920 = 10510 - pending 2477 = Total
    8033 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 8033 =16031, Pending: 7150, So total 8881 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 8881 spill over =16889. Pending: 62840 -16889 = 45951 applications will
    still be pending and pushed to year 2011.

    Based on page 4, I do math as under for China categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 384 Quota to be spilled over to EB1 = 1576
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1576 + EB5 spillover 1947 = 11531 - pending 607 =
    Total 10924 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 10924 =18932, Pending: 19333, So total 401 applications will be pushed to
    year 2011 with pending approval.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + no spillover = 8008 � 6343 Pending = 1665 visas Extra.
    6) �Other Workers� � Pending: 30 TOTAL UNUSED VISAS = 1665-30 = 1635 UNUSED VISAS will go to the quota
    of other countries.

    Based on page 5, I do math as under for India categories.
    -----------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 123 Quota to be spilled over to EB1= 1960-123 = 1837
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1960-13 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1837 + EB5 spillover 1947 = 11792 - pending 418 = Total
    11374 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11374 =19382, Pending: 47728, So total 28346 applications will still be
    pending for year 2011.
    5) Quota for EB3 --> 5.72% x 140000 = 8008, no spill over. Pending: 62607 -8008 = 54599 applications will still be pending
    and pushed to year 2011.

    Based on page 6, I do math as under for Mexico categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 62 Quota to be spilled over to EB1 = 1960-62=1898
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1898 + EB5 spillover 1960 = 11866 - pending 174 =
    Total 11692 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11692 =19700, Pending: 211, So total 19489 applications will spill over to
    EB3 category.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19489 spillover = 27497 � 7878 Pending = 19619 visas Extra.
    6) �Other Workers� � Pending: 8415 TOTAL UNUSED VISAS = 19619-8415 = 11204 UNUSED VISAS will go to the quota
    of other countries.


    TOTAL UNUSED VISAS = 15463 + 1635 + 11204 = 28302.

    Assuming these unused visas from Philippines, China and Mexico will be used for India, ROW equally India will benefit additional 14151 VISAS this year. Assuming all of these go to EB2 India Pushed down figure for EB2-India for the year 2011 will be 28346 � 14151 = 14195 pending EB2-I applications ready to go to year 2011.





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  • whitecollarslave
    03-25 05:38 PM
    yes, that is our line of logic and understanding. But seeing the number of experiences what we are having in real world, this does not seem to be applying. You are rightaway asked about your work status and they insist till you give them "specific" word - either "GC" or "Citizenship" or "EAD"... If this would have been the real way ( I and all of us wishes that) the these recruiting guys may not dare to insist till you spit the speific word out and that is before interviewing. In my experience, I always had verbal conversation. I have never been sent an email or letter by any company yet regarding their refusal not to even interview me based on EAD. Verbally 5 companies have starightaway told me "they are not considering me as I do not have green card yet - EAD is not enough". My thinking is that they do this because somehow some law may be covering them, we do not know that but they know that, perhaps..:confused:

    I understand your frustration. I have heard similar things from employers about hiring people on H-1B.

    Are you just assuming or have you actually tried to find out if there is indeed some law which allows employers to not consider a candidate solely based on the fact that he/she has an EAD as opposed to a green card? I can certainly understand that you don't want to get involved in a lawsuit and pay lawyer fees when you can easily find another job. But its not that difficult to contact OSC.

    Having said that, I do understand that the employer can find a number of reasons to not hire somebody and all that would be legal. But here we have a case where you have 5 companies who have refused to consider you solely based on your immigration status. Somebody earlier has this in writing from Capital One.

    I urge you and anybody else who has gone through this to find out more about this by calling the OSC's hotline. (http://www.usdoj.gov/crt/osc/htm/engperliwdiss.htm) If I were in your situation, I would at least want to find out what my rights are, what is discriminatory and what is allowed by law. Call them and simply explain that you believe that you were not considered eligible for a job because you have an EAD card as opposed to a Green Card.



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  • ndialani
    10-23 02:41 PM
    Did you send 7001 to Ombudsman? So, Ombudsman is also hopeless?
    Did you call them to find out the status? Here is Om's #, in case you don't know: 202-282-8000. Call them and update us as well.
    [/QUOTE]

    Thanks Fatjoe,
    I just mailed #7001 last week. Thanks fo rthe phone #, i will try calling it.





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  • shirish
    08-14 03:35 PM
    Thankx fo rthe response.

    Does this mean i will surly get a RFE, and if it is say 1 year later, will i have to go for the medical exam again?

    You should be fine, one of the latest FAQs says you can file without medical report.



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  • vikki76
    10-22 11:21 AM
    My coworker and his spouse got both physical card and CPO mail yesterday on the same day itself . His PD is Jan 2005, EB-2 India and Nebraska service center.





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  • jayleno
    10-28 08:03 PM
    I just dropped the letters in the mailbox. Thanks to all the people behind this effort.



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  • royus77
    06-25 10:33 PM
    I need some help from you guys..

    What would be the answer for :

    Were you inspected by Immigration officer under part # 3 on I-485 application?

    I really appreciate your input..

    Thanks,


    Yes





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  • CADude
    09-14 11:31 AM
    It seems only few July 2nd filer left. I am one of them.





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  • nivasch
    01-27 09:52 AM
    I don't know is it right Thread or not.
    But i found this information in Rajiv's website.
    The Mesg says:-
    New Volunteer Organization Formed

    --------------------------------------------------------------------------------

    Some members of this portal and others have come together to form a new organization supporting legal mmigration with special focus on issues faced by employment-based applicants. Please visit:
    www.immigrationvoice.org


    DISCLAIMER: The Law Offices of Rajiv S. Khanna, PC cannot endorse or verify the activities of any organization. Please use your own judgment.
    ==================================
    If we really not get his Endorsement, then we should remove that Information from our website.
    Think about it


    http://boards.immigrationportal.com/announcement.php?f=235&announcementid=84





    grupak
    03-28 03:33 PM
    As per Ron Gotcher, "Anyone with I-140 portability and an EAD is a "US worker" as that term is defined by the Department of Labor.".
    See:
    http://immigration-information.com/forums/showthread.php?t=4704
    and also
    http://immigration-information.com/forums/showthread.php?t=4702

    whitecollarslave you are doing a great service by collecting all these facts.





    ashres11
    09-21 01:08 PM
    Let me tell you I am as anxious and frustrated as you all "July 2 filers, no action yet" are. But I am thinking about it a bit calmly, rather than thinking of doing something so that I feel that I have done something (i.e. complain, write to congressman, etc.). Expressing my anger by saying they should have done this or that, does not change the situation. I believe USCIS is working, as expected, with the capability/attitude of a government worker, treating our filings (which are so important to us) just another government office paper work. Best is just to wait for another 10 days, and if nothing is heard by then, take action as per procedures.

    Either India/USA or other part of world. All are same.



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