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  • GCapplicant
    07-27 10:09 PM
    Where the hell all these guys when EB3 is getting 80K to 100K of total 140K visas all these years and EB2 is getting just merely 10%-15%. Nobody from EB2 didn't felt jealous like this before. It is hard to digest for them now.

    Hi Dpp

    kindly dont use hell ! jealous , these type of words are not required for any argument.
    If you want EB2 I to get the visas and move forward...it will.

    I understand u r EB2 ....EB3 I is frustrated...like how you want ur GC its the same line EB3 I is also.

    The guys from EB3I have been waiting all these years.

    Its the DOL's mistake for the delay of labor approvals ,hence the visa wastage.Otherwise this backlog for EB3 I woudnt have been there in the first place.

    The two years standard gap would have been maintained there for EB3 I and EB2 I as usual.

    When there is no movement ,this will be the reaction for the EB3 I people.

    When you are eager for yr Gc ,the same rule applies for everone.

    There is a big block EB3 row in between -so dont say all the visas were taken by Eb3 I only.

    Did you know the visa flow earlier?

    I never knew.People learn by experience.

    These frustrations are not jealousy...Eb3 I is suffering and waiting for a solution.

    kindly dont under estimate anyone's feelings.Every family here is undergoing pressures and agony.

    I participated in the mail campaign... We are fighting for the lost justice.

    Let us team as one and work best.Ever one deserves their own share.


    I am not here for any argument.




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  • badluck
    07-02 08:36 AM
    Fedex sent June 30




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  • chanduy9
    07-05 09:34 AM
    Hi,

    I request every one who effected with the Revised JULY visa bulletin to send the flowers.
    I am sure we get some media and political atten....

    Select Occasion: "Sympathy"

    The message: All the best for future Employment Based visa estimates

    Delivery location type is Business, US Citizenship and Immigration Service

    Address:

    Emilio T. Gonzalez
    20 Massachusetts Avenue, NW
    Washington, D.C. 20529


    Thanks,
    Chandra.




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  • fall2004us
    08-13 08:14 PM
    Here is my update:

    EB2 - India
    PD - Sep/2006
    I 140 approved - Dec 2006
    I 485 Date received July 2nd 2007
    RD - checks were cashed (date - July 30, 2007)
    FP - Got a mail from USCIS regarding finger printing (scheduled - August 29,2007)

    So far no receipt by mail, application is at Nebraska.



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  • krish.d.rao
    12-18 06:01 PM
    I too have been in this country since 1998 and have a priority date of 2004 EB-2.
    The one way I cope with the endless stream of bad news from the monthly visa bulletins is by remembering that with every passing day the the reality of having a GC is getting closer and not further. Many times I have contemplated giving it all up and going back to my upper middle class comforts of good old Bangalore, but then I remind myself that I have probably endured most of the pain and quitting at this point is like walking away from a marathon with the finish line only few miles away (or maybe not).
    Comapre your GC wait to a marathon and decide if you are too close to the finish line to give it up or if it is so far away that alternate avenues need to be pursued.
    Admittedly DOS is moving the finish line like a baby brandishing a new toy, but lets be realistic in assuming that EB India priority dates have been pushed much further back than needed. This maybe a knee jerk reaction due to the July fiasco.
    Anyways, all I am trying to say is that hang in there and dont give up. If you still feel depressed seek medical help.




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  • chandarc
    07-19 09:43 PM
    I would ask the same question...

    If EB3 and EB2 are equal( unbiased) in eyes of IV, then why sanhari's suggestion is not welcome?

    I can't understand why Sanhari's suggestion would rile up EB2 folks. All he suggested was to use the EB spillover visas for oldest cases irrespective of EB category and country.

    Sanhari - Are you sure that this is a USCIS decision? Can USCIS change the way the do the spillover without legislation change?

    Folks, There is a another thread on here that says IV is neither against EB3 nor for EB2. If that's really the case why would Sanhari's suggestion not find favor? If IV seriously want to do something for the backlog, Sanhari's suggestion should be taken up.

    I anticipate and welcome reds, greens, blues for this post :)



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  • shreekarthik
    10-08 06:40 PM
    First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.

    There are a lot of misconceptions about AoS. Let me write it here.

    1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.

    2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.

    3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.

    4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.

    So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.




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  • immigrant2007
    09-10 12:24 AM
    We all morons wont still learn, we will still start prediting for next visa bulletin hoping that a reincarnation of god will ome and deliver us visa numbers.
    Unless we all make a collective effort no one is going to listen to us. I know the fate of my post we all people are busy to get our post noted or express our opinion that we have lost our fous of what our main problem is. I think we deserve this perhaps I dont think if we continue like this we even deserve GCs.

    -with correction
    We all morons and still wont learn, we will still start predicting for next visa bulletin hoping that a reincarnation of god will come and deliver us visa numbers.
    Unless we all make a collective effort no one is going to listen to us. I know the fate of my post, we all will get busy to get our post noted or express our opinion which will definitely solve our problem or proving our point the that "i am right you are wrong" or get busy with "my ideas are better than yours" or "who wins the quote slamming contest".
    We have simply lost our fous of our main problem . I think we deserve this perhaps I think if we continue like this we dont even deserve GCs.[/QUOTE]



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  • GC08
    09-12 07:44 PM
    Isn't that they have completed input and receipt issuance for cases received by certain date (late Aug.?) according to their update? How come so many July filers still have not received receipts? Weird!

    No, it seems as per the latest USCIS update (on Sept 7, 2007) the NSC has completed issuing receipt notices till July 28, 2007, and TSC till July 2, 2007.

    Do you have any other updates?
    Thanks.

    I probably did not remember the date correctly. Anyway, it does not sound so promising.




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  • test101
    07-10 08:11 AM
    maybe we can do web fax ,. so members can fax these information as well, and the media knows they need this .. can this be done?



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  • whyregisteration
    08-28 11:38 PM
    NSC has finished 7/24/2007 i-485 employment based:
    http://www.uscis.gov/files/pressrelease/ReceiptingTimes082407.pdf

    my 485/ead/ap package in 07/03 arrived NSC.

    no receipt and not cashed:mad::mad:!

    (140 was approved at TSC last year).




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  • aspire_sam
    08-09 10:56 AM
    Sanhari. I can very well understand the problems that you and every1 else face in EB3 category. But the way you are trying to put your case forward is wrong. By comparing with EB1 and EB2 priority dates you are just trying to show your frustration and not making a case at all. There is a reason they have different categories and similarly have priority dates for those. If you are eligible then port to EB2 else join IV with immigration reform or the latest fight to "Recieve EAD even if dates are not current". Please do not confuse teh congressmen or the senators who are already confused. Be proactive not jealous :cool:



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  • diptam
    06-27 12:08 PM
    I asked my employer if they would tune the clauses to "1 yr after EAD" but they said NO - "it will be 1 yr after GC"

    They also told me over phone that they have the capability of revoking
    140 and complaining against me to INS if i try to leave before getting the actual GC.

    Can they do that - after 6 months they lose that control - Right ??

    There are many points on which this agreement can be defended.
    1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
    2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
    3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.

    Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.

    I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.

    Good Luck.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002

    desi3933 at gmail.com




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  • drona
    08-31 07:45 PM
    Have you looked at the status of the rally polls? Are you even aware that we are having a historic first rally for legal immigrants in Washington DC? Please people, get your heads out of the sand and participate in this rally to fix this broken system.



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  • gc28262
    03-06 05:22 PM
    Section 202 of the Immigration and Nationality Act (INA) states that the per-country limit for preference immigrants is set at 7% of the total annual employment-based preference limits. This means a country with large population like India and a tiny country like Lichtenstein get same number of visa numbers. This system is designed to systematically discriminate people from India and China by preventing them from attaining employment visas. More research needs to be done whether this constitutes a violation of US Equal Employment Opportunity Law. We need to find out whether this constitutes discrimination by national origin. Below is is some relevant reading material:

    http://www.eeoc.gov/policy/docs/national-origin.html#IIA

    This link says employer cannot discriminate based on country of origin.
    USCIS/government is free to discriminate against country of origin.




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  • zoooom
    08-13 02:01 PM
    No Receipt notice yet..Mine reached at 7:55 AM on july 2nd. (NSC)



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  • deepak
    09-10 06:35 PM
    Plain and simple question, are you a donor or a volunteer.. if yes.. then you must be aware of
    the different initiatives that IV has taken up for EB3, which I guess you are not aware of.

    As you don't want to donate or volunteer what makes you think that you can tell IV on what to do and what not to do.. Are you even associated in anyways.

    I have never ever seen such a big thankless following of a group. Everyone is in trouble and everyone has problem but cannot donate.

    Wanted to write a lot more , but I think its not worth it. I just hope your conscious makes you feel ashamed of this attitude of yours.

    I don't usually comment on such posts and I have seen a lot of people take the side I am about to take. I just think you are being unnecessarily rude. It is these people and their opinions that cause IV to exist as a group. Lets say you are going to lock membership only to people paying a membership fee every month. How big a group are you going to get?

    If it is going to be significant, then maybe that's the way IV should go and should just shut down public forums where there are members who can talk and members who have "not bought their right to talk"

    I bring up the "monthly membership" issue because I did make donations on multiple occasions (you should probably look up your records and verify). And yet, under the new design, I am not a donor, I do not get access to the exclusive threads that only the privileged monthly members do. So, just like the OP, I am a thankless member who thinks the group is thankless. So, I do not know what initiatives IV has taken, but yet, I linger around the forums because it has so many smart people throwing around ideas, working on theories and just being friendly.

    Maybe you should just create a little forum of yours in one corner and put walls around so no one can come in and make suggestions about things you won't tell them about. Does it take that much effort to be nice to someone? Just remember that he is free to tell you what to do irrespective of who he is. What you actually do is upto you. Just be nice for a change, it will make you get a whole new perspective on life!




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  • chi_shark
    07-10 10:32 AM
    that link you have provided is for ability to pay and wage below dol standards case... i read the entire document and wasted 30 precious minutes of my time and a friends time reading that case... thank for nothing.


    7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
    Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)


    ____________________
    Not a legal advice.




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  • p_aluri
    10-08 01:42 PM
    I am in the same boat.. came here in 1999.

    Now my priority date is 2006. It took 3 years to get my labor with my previous company. Company filed chapter 11 within a week after my labor approved.

    Moved to consutling company and started the whole process again..



    What about people who were stuck for years in backlog and then got laid off and could not port their priority dates. I know a few who come came to US in 99 and now have a priority date of 2007 with a new employer....It should clearly be based on number of years of stay in US or expereince




    abq_gc
    08-18 01:25 PM
    NO LAWSUIT DISCUSSIONS PLEASE

    Reason:
    Lawsuit takes time , energy and substantial money.
    You have to prove harm to the affected party due to the actions of the government.
    It needs a champion.

    then what do u wanna do.. another flower campaign ??? another rally ?? another email campaign ??




    veerug
    09-13 01:12 AM
    Application was received on July 12th. No cheques cashed and no receipts!



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