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h_shaik

04-06 04:44 PM

Unfortunately the Timing of IV Advocacy day, and also May 2011 VB schedule at a wrong date. If the Govt Shutdown due to the budget deadlock, I'm not sure how both of these days will play out. Any Idea guys. :confused:

Politicians are politicians every where. India or USA their intensions are the same. Always cause a trouble to the ruling party, no mercy for the general public who suffer directly with their actions.

Shutdown means no work for 800k fedaral employees. Hence no wages. But bills won't stop.

Hope for the best.

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sanjayb

09-27 03:39 PM

CADude and others... maybe your efforts are paying off. What I learned in this process is that have faith in your application filing. If everything is fine you'll definitely get the receipts. It may be either next week or in 2 weeks.

Couple of things...

1) Calling USCIS is useless...
2) Look for checks for cashed....
3) Keep in touch with our pending group. I gives you support and motivation.

santosh19-2nd july/10:25/FedEx/J.Barret/NSC/140-TSC/No CC/No RN
sanjayb - 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN 140 LUD - 08/05 -- CHECKS CASHED -- 09/25 --- CASE IN TSC
Ashres11 - 2nd July/ 10:28/ Fedex/ J.Barrret/ NSC/ NO CC/ NO RN
Sairam - 2nd July/10:28/FedEx/J.Barret/NSC/140 - TSC/No RN - 07/28
InsKrish - 2nd July/10.25/J.Barret/NSC/I-140 approved from TSC/No CC/RN
sudhi - 2nd July/ 10:25/ Fedex/ J.Barrret/ NSC/ NO CC/ NO RN - CHECKS CASHED 09/13 -- Received receipts too.
Danu2007 - 2nd July/10:25AM/J. Barret/NSC/140-TSC/NO RN
Triviagal - 2nd July/ 10:25AM/ J. Barret/NSC/140-TSC/NO RN
rkartik78- 2nd july/10:25am/ J.Barret/ I140-TSC/ NO RN NO CC
GCFISH- 2nd july/10:25am/ J.Barret/ I140-TSC/ 485 went to NE/NO RN NOCC
rexjamla- 2ndJuly/10:25am/J.Barret/ I-140-NSC/ NO RN NO CC
kmkanth- 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN
BU007- 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN
veerufs - 2nd july/10:28am/J. BARRET/I140-TSC/NO RN/NO CC
123456mg - 2nd july/10:25am at NSC/J BARRET/I140-Approved from TSC/NO RN/NO CC
aussie731- 2ndJuly/10:25am/J.Barret/ I-140-NSC/ NO RN NO CC
nkavjs - 2nd July/ 10:25am/ Fedex/ J.Barrret/ NSC/ I-140 TSC lud on I-140 8-5-07/ NO CC/ NO RN
jsb - 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN 140 LUD - 07/27
gc_us - 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN 140 LUD - 07/28
srinitls - 2nd July/10:25/FedEx/J.Barret/NSC/NO RN NO CC
realraghu - 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN
vg1778 - nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN

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BharatPremi

10-17 05:21 PM

Guys,

I need your opinion and advise on this.

Old file - First File:
-----------------
current employer:A

EB3-Country: India(Bharat)-RIR-PD:07/2*/2003, I-140 approved - 485/AP/EAD/G-325 A filed on 07/12/2007 - EAD received, Soon FP appointment - NO AP yet - (myself-Primary+3) filing

New file - Second File:
---------------------

Future Employer: B
EB2-Country: India(Bharat)-PERM: PD:06/2*/2006,I-140 approved - NO 485 is filed under this yet.
Note: Labor for both applications has similar codes except new filing is based
on "Seniority" and thus EB2.

Now in light of October 2007 visa bulletin prediction given on www.murthy.com, It looks like EB2 may go ahead with comparision to EB3 ( Eb2: may stuck at January 2003 and EB3 May 2001/2) and by reading page 130 to 134 from the following link it looks like Priority date still matters even after filing 485 and your case can go on VISA HOLD SHELF if at the time of adjudication visa number is not available.

http://www.ilw.com/seminars/august2002_citation2b.pdf

Questions:

1) Suppose my EB2 PD (I-140 approved, no 485 filed) become current prior to
my EB3 PD (current employment- 485 is filed under this) and for some
months if I see EB3 may not move ahead what would be the best startegy
out of following?

- PORT (EB2 PD: 06/2*/2006) PD to my current 485 file which is based on
EB3 with PD 07/2*/2003. Can we PORT NEW PD to the file based on OLD
PD? I know OLD PD can be ported to NEW PD but what about reverse
condition?

- File another set (Myself+3) of 485 as new application under EB2 (Future
Employer) mentioning current A# numbers.

- File another set (Myself+3) of 485 as new application under EB2 (Future
Employer) mentioning current A# numbers with PORTING of OLD PD (EB3
PD 07/2*/2003).

Thanks in advance for any help or suggestions.

- BharatPremi

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vinayak2008

01-03 01:56 AM

Visa Interview on dec 18th at chennai consulate.PIMS checks took 8 working days.Passport received on Jan 3rd.

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Saralayar

09-23 09:08 PM

how many visas are allocated every year per country, per preference ? say INDIA EB3 ?
No one is answering for this question in this forum. It makes one to think that no one bothers about EB3 guys.:(

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BharatPremi

03-24 03:34 PM

http://immigrationvoice.org/forum/showthread.php?t=15304

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gccovet

11-19 11:43 AM

two more people to reach 100.
Please, send the letters.
Thank you.
GCCovetl

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english_august

07-09 07:17 PM

USCIS has decided that the flowers sent by skilled, legal immigrants to director Dr. Emilio Gonzalez will be forwarded to injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.

We welcome the fact that Dr. Gonzalez acknowledged the symbolic gesture of our protest. We are even more happy that these flowers will brighten the day of our injured service brethren. It is their contribution to the American freedom that has made this country such a desirable destination for highly skilled professionals from all over the world.

We also want to convey to the service personnel receiving those flowers that our message accompanying those flowers is, "Thank You and God Bless You".

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

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factoryman

06-18 06:09 PM

in my opinion:
485
325A
sealed medical cover
his passport copies - all pages
his/her birth certificate
your receipt
photos
check
employers letter, again

( am I missing anything)

Hi all

I request some help on how to proceed and what is required for self filing 485 for child born in India. We have already filed 485 3 yrs ago and awaiting Approval( delayed due to retrogression). Now since the dates have become current we would like to add our child who was born in India and currently living with us here ( we are still maintaining H1 and H4 status valid). I wanted to find out what documents and letter( to build the case) is required for adding our child to the application. Also would like to find out if we need to attach our child to existing application(mother or father) or file is seperately. Anybody please advise

thanks
krishna

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ag11

09-18 07:27 PM

Hi ag11,

I got the same approval notice. But online status showing as Card Production Ordered. What does it say for you? Do you see any difference in the status between you and your wife?

Hi Ohguy

What status changes have you seen on your case so far?

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snathan

09-24 06:23 PM

Here is my chart

EB1 EB2 EB3 EB4 EB5 EBOther TOT
India 718 47728 62607 123 13 107
China 607 19333 6343 384 13 30
Mexixo 174 211 7878 62 0 90
Phil 74 510 11563 70 0 264
ROW 2477 7150 62840 1378 40 1029
__________________________________________________ ______________
Total 4050 74932 151231 2017 66 1520

================================================== ===

Total EB1+EB4+EB5 + Ebother = 7653
_______________________________________
EB2- MEX+PHIL+ROW = 7871
________________________________________
Assuming new cases in ROW Category = 4476 (Random number makes total visa number
being used to round 20,000)
__________________________________________________ ___________
TOT Visa that would surely be used = EB1ALL+ EB4ALL+EB5ALL+EBothersALL+EB2ROW=
7653+7871+4476 = 20000
__________________________________________________ _____________________

Visa Numbers Available for both AOS & CP after using sure shot cases (140,000-20,000) = 120,000

Additional Visa numbers will be available for categories (EB2 I/C + EB3 I/C/M/P/ROW)

Because there are 62,840 EB3 pending for the rest of the world I doubt any numbers would
be given EB3I/C/P/M ???? Correct me if I am wrong

Of the additional visa numbers available after EB3 ROW uses it, max how many can be allocated to India and China EB2 is the question.......? Can someone answer this based on the max limit per country and per category???

Spill over does not have any country limit. they will allocate it untill it becomes current or numbers running out.

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spdy_mn

06-29 06:15 PM

Nothing will happen. The dates will be retrogresses on Monday. May be we will see 'U' in Visa Bulletin. The AILA will try to pursue DOS and USICS but they will politely say "sorry for the trouble" This will lead to the law suit. Some people will submit their resignation. In the next year you will see those at some higher post somewhere.

Wow. We are living in the great country built by Immigrants were there is no value of Immigrant. For undocumented immigrants, there are senators to help them. For rich people, they have money so don't have to do anything. For middle class immigrant like you and me IV forum is there to show our frustration.

I am now seriously thinking of going back to my home country were I would be considered moron who came back from US.


This is nothing new, things like this happen in almost all parts of the world. Remember Enron, one fine morning thousands of people found that their life savings or retirment savings got wiped out clean with nothing to fall back on. Same could be said of about a lot of dot com millionaires. Life is very very unfair, what other explanation do we have other than that.

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abhijitp

07-31 02:59 PM

Pappu, special thanks for researching this topic, and posting updates regularly.

Last week I too consulted a high profile (about $200 per 15 minutes... you should be able to guess, I am not sure I am alowed to mention the name) lawyer to discuss this issue. To give you a brief background, my lawyer did not include the Employment Verification letter
1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.

Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got last week.

Thanks!

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kingnaga

09-16 09:56 PM

Waiting sucks, but the only option for now.. July 3rd NSC LIN nothing so far... :(

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mohican

01-02 12:29 AM

Thanks Ram. What is strange that my attorney on record did not even get the letter of denial. I have scheduled infopass for Jan 5th. I have H1B until June 2009 and EAD unitil Sep 2009. My wife and I have been working on EAD and traveled on AP.

Question to you and other members: Can I work until Sept 2009? I don't think my letter says that EAD was revoked (that is me speculating until I get the letter)

Mohican

- H1 is still valid even if your 485 got rejected until you get notice to that regard separately.
- If you have not shifted to EAD,You can continue working on H1

I continued working on H1 during my MTR approval process( Sep08 to Dec 08). My 485 got rejected due to earlier employers revocation of I 140.

Attorney gets the notice. Find out from all your attorneys and their staff if you have access to do so.

Call USCIS and find out the reason of rejection first or take info pass and find out the reason and act fast. You have already crossed general response time(30 days normally).

All the best.

- Ram

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11-14 02:45 PM

just mailed them ...thanx

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letstalklc

10-01 12:31 PM

ALLVOI has plans for $14.99/750 mins and $ 19.99/1300 mins to India. I think thats more than enough for normal household's use :)

And ALLVOI works with cellphone too.

If you want only India calling, there are lot of good calling card companies, that they are offering better price than the above mentioned.

Airtel call home - 9.99 + tax = you will get 600 mts - 45 days validity period
relaible calling - 9.99 +tax = you will get 600 mts - 30 days validity period

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BharatPremi

09-25 01:50 PM

I saw this link Murthy's email too. The total pre-adjudicated cases in the chart is matching with the total in the document. Well now there are more un-answered questions:
1. Does all other pending 485 include employment based ? If yes what % are employment based ? Obviously we do not have any country specific data on these.
2. Is there any way to know whether individual case is pre-adjudicated or not ?
USCIS has fooled us again. No good statistical analysis can be done on incomplete/inaccurate data. I am going from hopeful to hopeless again. I am EB2-I Feb 2006.
Thanks a lot for staying on top of this and posting your analysis.

This trend chart/volume chart certainly represents both family and employment base applications. Following is my thought process now with keeping both trend chart and teh worksheet in this thread chain together.

(1) In Worksheet USCIS claims total EB pending case 233816 by December 2009. Yet we
have not reached to December 2009. Trend chart claims total pending 279031
including family base applications. Since famaily to EB ratio is unknown I would
consider worksheet's figure as authentic for pending EB based 485 cases. One practical
clue for inclining to do this as I know USCIS has approved tons of green card in
parental family category. Many of my friends have got GCs for their parents in a
relatively very small time frame - 1 year

(2) I remember somehow that out of 775000 485 applications in October 2007, there were
around 300000 application were from EB category based on USCIS's published
notification ( I tried to find it on internet but some how I do not see it now). If
somebody has a more solid proof this stats from which we can derive nearly accurate
ratio we may consider those stats. But as I mentioned in point 1 USCIS seems to have
cleared more family bassed 485 with comparison to EB categories I would just
assume for now that 60% preadjudicated cases and "awaiting customer action"
and "New receipts" are from family category and 40 % are from EB category. Total
preadjudicated cases per trend chart is 178418. 40% of that around 71367 - for the
sake of easiness let's make it 71500. This way "awaiting cutomer action" cases for EB
categories could be around 18-19000. "New receipt" cases could be around 18000
roughly.

3) Now total EB based 485 cases by July 2009 could be = Pending cases + preadjudicated
cases + cases awaiting customer action + new receipts = 233816 + 71500 + 18000 +
18000 = 341316. Just the sake for simplicity in assumption we may consider total EB
based 485 workload with USCIS around 350000.

4) "In general" the first lot who will come out from this gutter is "preadjudicated" then the
lot "awaiting customer action" then the "pending ones" and then " new receipts"

Now based on my talk with USCIS guy I can state that USCIS generated RFEs innear past for many cases as apart of preadjudication process, particualrly for may AAC21 usage related cases - Asking for proof of employment in the same job classification. According to that talk if USCIS gets required response to the RFE then USCIS settle that case in a "preadjudicated" shelf. In other words the AC21 guys who got the RFE - responded and case is resumed - most of them should be on "preadjudicted" shelf. If we call USCIS generally let us know that whether our particualr case is preadjudicted or not.Lucky one may get that reply in first call and somebody may have to try calling multiple times.

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malaGCPahije

08-07 04:12 PM

The point was about abusing the system to get ahead in the line. In that way labor sub shares similarity with PD porting. If a person who landed yesterday fits the job profile and the law allowed it , then what's wrong.

On the other hand if those labor are sold for a price then it is serious problem. And thats why Lab Sub was eleminated. Now thats what is going to happen (and happening) in PD porting case.

any action should be against the so called "paid PD porting" cases. But why harm a honest EB3 person switching companies to go up the ladder? If he is getting the benefit of the rule, what is wrong? As long he it is done by the law, I do not see any problem.

Tomorrow, if you get a position that justifies EB1 category for you, would you not move to that category? Nothing wrong in that either.

I endorse Pappu's comments. Wrong doers can be punished. But people benefiting by a certain rule should not be.

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gvenkat

09-24 11:13 AM

EB3 india gets only 2803 per year with350 of those going to OW. How did you arrive at the figure.

based on the other person's analysis. if 2803 is what Eb-3 gets then we are fcuked. :p

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english_august

07-11 12:22 PM

ABC NEWS missing.
Boston Globe article is just a reprint of Reuters piece - so I did not include that.

I cannot find the link to ABC coverage. Can you please PM it to me?

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