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  • mchundi
    07-24 10:32 AM
    To the core group/Senior Members,

    If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.

    Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.

    Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.

    Any thoughts ??
    In the recently released ombudsman's report there was a concern that USCIS is giving EAD's for all AOS applications without checking the case and later rejects 20% of the cases.
    It might be tough to push them to take a decesion like this.
    On the other hand the hospital and doctor's lobby is going to push for some more relief for the nurses VISA numbers if the CIR doesnot materialize this year, If that happens we can try and lobby to attach some of our issues to that.
    --MC





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  • cal_dood
    07-05 03:01 PM
    But I have been using murthy forums - which are free - for a long long time...even before IV came along....talking abt quality...same kinda ppl post there....dont see any diff....

    I'm sure IV is doing a great job on something....but please do a little research before asserting that this is the only immigration forum in the world...

    Dont mean to start a p***ing contest here.... those who want to and can pay shd pay....but thinking that ppl will pay for the forums is not really a solution.

    Yeahaaaaaaaaa! Great!

    20 USD per month + satisfaction of fighting for a cause

    <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< (very very less than)

    15 min Murthy session for 225 USD

    Beautifcukingful





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  • jcgc
    02-21 03:13 PM
    Assuming you are right then,
    average visa issued for EB1 ROW+Non ROW over the last 5 years have been 26K,
    Now assuming this year the demand would be close to average then. It leaves 14K for EB2
    Implying 12/2003 dates movement is very likely as 14k>5k (your number)


    Yes it is very likely the Eb2 India can move past Dec03. Keep in mind that the spillover (taking your estimate of 14k) will not entirely go to EB2 India. Part of it will also go to Eb2 China. And we dont know how that allocation is done.

    Again, All this is based on the hope provided by recent posts that Eb1ROW spillover may actually got to EB2India (posts made by Ron Gotcher / Googler on their supposed converations with Charles Oppenheimer). Till recently, I used to be under the impression that only Eb1ROW spills to EB2ROW spills to EB3ROW.





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  • gcseeker2002
    12-28 02:49 PM
    I had similar problem with United last year. I was flying thruogh Malaysian airlines and United charged me for extra 20 LBs. But it was checked in till India.
    Delta is more helpful that way, one of my friends family had separate tickets on Delta and Malaysian, but the delta checkin guy checked in for both flights upto India, and even allowed the 70lbs on the delta part of the flight.



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  • dhesha
    08-11 04:28 PM
    2010, all those who filed 485 by 2006 will be cleared up and will be given GC, 2010 end there will be another wave of 485 filers who will continue as cash cows for next 5 years for EAD and AP, 2007 july filers will be cleared up by 2012 - This was my prediction before the Sept bulletin......

    filers till 2006 wait for an year, your GC will be in your wallet by 2010.

    Filers till July 2007 wait till 2012 your GC's should be in your wallet.....

    So any idea if from 1st Oct 2009, the dates will from forward from 8 Jan 2005 or may go back or we dont really have any idea?





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  • dontcareanymore
    12-12 05:04 PM
    I expect things to be more transparent from February onwards (note month of Feb), that is because i beleive that the new leadership will ensure that there is a transparency in the whole process rather than a lottery like approach to the dates.
    Also i beleive the whole GC process will be more professional giving folks like us much much more respect than what the current approach is doing....

    ....and ....no world hunger , no drought any where in the world, no pollution , global warming reversed , people will love each other , no fighting any where for any reason..... :) :)

    Watching TV a lot ???

    It is the same DXXX system. Same people processing your cases. Don't expect mirracles. You will be disappointed. We shall be lucky if those waiting in line now get their GCs by the time Mr O leaves office (4 or 8 years).

    If you think I am cynical , so be it. Seen Clinton , saw bush and will see Mr O.

    Nothing against Obama.



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  • pappu
    07-24 10:56 AM
    I will try to dig out the actual memo. But this is from the oh law firm page:
    ---
    06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing

    * As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
    * One of the initial evidence which is listed is the sealed I-693, the Medical Examination results completed and sealed by the USCIS designated civil surgeons who examined the applicants per the immigration rules. As we reported yesterday, attorneys asked the USCIS authorities to accept I-485 applications without the medical result, but their answer was that they were taking it under advicement but as it stands now, the sealed medical report would be required as initial evidence, accoring to the USCIS authorities who were present at the AILA Annual Conference in Orlando. We understand that in some areas, there are a huge backlog in the physician's clinics for such medical examination. However, people can shop around the authorized physicians in much broader areas. For instance, people usually were asked to schedule such medical examination in the local "district" office where the applicants resided. The definition of "district office" has been broaden lately. Former district offices have been turned into field offices of a district office. Accordingly, people can schedule the medical examination through a physician located outside of their residence if the area falls under the jurisdiction of "district" even if it is outside the jurisdiction of "field office."
    ---





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  • alex99
    04-08 02:24 PM
    (EB1)
    2007 2006 2005
    26,697 36,960 64,731
    (EB2)
    44,162 21,911 42,597
    (EB3)
    85,030 89,922 129,070

    How come EB3 is getting major share from the annual limit for last three years(2007,2006, and 2005)

    Gurus : please through some light on this?



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  • aachoo
    03-09 12:47 PM
    Hey who are you calling BS ???? :rolleyes:

    I have been in the US 15 years and counting.

    -a

    This is insane, they are moving 15 days in 1 calendar month.

    So going by this pace for EB3

    mar 2002 - march 2011
    mar 2003 - march 2013
    mar 2004 - march 2015
    mar 2005 - march 2017
    mar 2006 - march 2019

    i will get gc on mar 2019 ? after 16 years of stay in USA ??? that total bull shit !!!!!!!!!!!!





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  • needhelp!
    09-26 11:43 AM
    It needs to be already fixed by now!! Imagine how many have already read this and all the DAMAGE it has already done!
    I am so disappointed. I didn't go all the way to DC for THIS!!
    Please continue to press for the fix.
    I just got a call from Eilene Zimmerman regarding the article and she promised me that she is working on fixing the error soon



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  • ronhira
    04-09 07:02 PM
    - the problem is with the congress, not with cis
    Congress did not ask USCIS/DOS to subtract dependent visa numbers from 140K. If USCIS/DOS excludes dependent numbers from 140k, congress cannot question that because law doesn't mandate to include the dependent numbers in 140K.


    -y the hell do u blame cis...... r they not allocating 140K per year
    If USCIS/DOS doesn't agree to change their administration policy to exclude dependent visas from 140K after seeing our backlog, then who else do we have to blame.
    Yes they are allocating 140K per year. But to who? In my view to the same applicant; one for primary applicant, another for his spouse, another for his kid, ....


    Most of us here are 'keyboard ninjas'. Only very few contribute in actions and that contribution is hidden under donor forums. Without awareness of the good things happening, these keyboard-ninjas are not going to contribute in actions.

    We all understand that blaming is not going to help anyone. But what else to do.

    u'r saying that all these years uscis & dos was misinterpreting the law for counting dependents in the 140K count..... well, what is the army of 10,000 impotent immigration lawyers doing for last 15 years..... i know they r all dumb & sleazy..... but if that were the case someone in that useless army of 10,000 would have cared to file a lawsuit or someone in congress would have questioned uscis/dos..... the fact that no one questioned or filed for a suit just proves that uscis is interpreting the law correctly..... as much as i would like...... i am actually not convinced that its uscis fault for counting depends.... again here its the fault of the congress for framing the law like the way it is....

    there are sleazy immigration lawyers who throw out this bullshit material hoping that some of it will stick, & guys like will think they r the gods..... in that sense its our fault to play right into the hands of sleazy immigration lawyers.... here r some of the creepiest of things thrown by some of these scam artist lawyers -

    - fix backlog without immigration bill
    - vb dates all current in 2 months
    - spillover crap (this one is my favorite)

    all that i'm trying to say is that we can do lot of things.... and beating down on uscis/dos is the last thing we all want to do....... becoz otherwise we waste the energy from our frustration/anger @ the wrong target......





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  • Hermione
    09-27 01:54 PM
    I agree with you partially. It may not be achievement but at least readers will not be misinformed and become aware about our real agenda.

    The name 'ImmigrationVoice' was not mentioned in the article. So, people would not be confused, since they do not know what to be confused about.



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  • actaccord
    02-17 08:36 AM
    one of the reason I would like Core Team to consider sending email about the Advocacy Day.... that email will get more inactive member like Chandu who got greened and has no good reason (nothing wrong abt it...most of us do the same) to continue visiting IV. Please consider sending one email on Feb and March.

    If someone gets out because of this email I am sure he/she is not going to work on any IV activities even if IV never sent any email. Those members join IV just for some free advice and nothing else.

    Pappu & StarRun consider this request and let us know where we stand on this. I had collected some content from this forum for flyers ( decided not to pursue further after discussion and advice from StarRun).

    On side note, I agree with Chandu regarding convincing our spouse on these kind of expense and participation is really tough a job. We have bought up by teaching/preaching any activities other than studying (for grownups working) is not worth it.

    I agree with you. I thought about it and decided to come to DC. I was greened last year and definitely IV was a very big factor in my GC journey. I have not been logging onto IV for a while as I have been very busy with my personal life, and job tensions, kid etc.. and all sorts of other things.

    After GC, your life usually changes only if you want it to change. I am still in the process of understanding how best to change. As of now, nothing changed - not even my job :).

    I am surprised that people still do not want to help themselves. I see everyone looking at the visa bulletin and getting frustrated, but why do people n ot take the extra step?, I really don't understand. I urge members to come forward and help yourselves. - Please.





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  • abc
    11-20 11:40 AM
    5+ yrs, no promotion, pennies as salary hike(once reduced in 2001).

    I have decided to break this GC CHAKRAVYUHU.



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  • alisa
    01-28 11:13 AM
    Guys......
    Lets try to get more people involved, and get them to contribute. Talk to your friends. Convince them that they need to invest in IV now, to get results in the next six weeks to six months.

    Updates from core are unnecessary. Either things will happen in Febuary (485 filing) or they won't. We will find out in a few weeks.

    Try to increase membership and contributions at this point. The purpose of this thread was to try to estimate and predict visa bulletin times, so we could convince people they were in a bad situation; but we found that to be pretty difficult to do. If you can add to that topic, please feel free to do so. Otherwise, this thread should just be closed.

    In the new year, I have not seen any posts expalining how IV is "working" on resolving our issues. All that is posted now is requests for money. I know more money is needed and would be glad to contribute, if only the senior members show that some serious efforts are being made in the background. Yes IV did do very good work last year, but that is history now; but what work is going on now, nobody knows. Don't need details, but even broad details will help. Is something being done for appropriation bills, no one knows or tells.

    For example, after the elections no attempts virtually no attempts have been done to do webfax campaign tragetted towards pro-immigration inclined politicians. No lists have been made of such politicians. Just by waking up few days before the bills are discussed is not going to help.





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  • Jaime
    09-12 05:19 PM
    Talk to us! What is preventing you from attending??? Let's GO! Let's do this!!!!



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  • ramus
    07-02 10:40 PM
    every single amont matters... Thank you for your contribution and please ask others to contribute and help us moving this thread..


    Signed up for $50 monthly contribution today. Contributed since June 1st = $120. Hope this small contribution will be helpful in this endeavor.





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  • WeldonSprings
    08-27 12:19 PM
    OK, in that case add 20000 to 115964 (till Jun'08) out of 162704 for 2008, that becomes 135964 + July (2000) + August (7000)= 144000.

    Still, I see 18000 left over.

    There are few issues

    You have missed 20k annual CP cases
    The acceptance rate of I-485 application (big unknow) would change the number a lot.


    July was a slow month but August was big mover so 11k visa is just too low for this period.





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  • anilsal
    12-13 12:09 PM
    Let's give them some time. It may be a topic that require some research, information-gathering. This is an entirely new strategy we are discussing, no surprise if they don't get back with an immediate answer. I'm sure they are analyzing the idea.

    I am sure that the IV core has already explored this option. We need some kind of feedback from them.

    ===============
    First they ignore you, then they laugh at you, then they fight you, then you win.
    - Mohandas Gandhi

    Slogan of the Linux community





    spicy_guy
    07-12 05:56 PM
    :)Anything can be done without an attorney....the issue arises if USCIS or DOl comes back with a question. Best thing is to put in some money, pay an attorney and let them handle it.
    Most of the immigration stuff is simple if everything is clean....but you never know.

    Why pay for an attorney unless your case is complicated?
    Its straightforward and you can do it on your own.

    Again, if your case is a bit different and needs a lot of documentation, you would need an attorney.





    delhiguy
    07-09 02:22 PM
    http://www.ahslaw.com/documents/AHSLawsuit.pdf


    This document gives lot of legal details, states what the lawsuits exactly is..


    P.S : I Think its just filed, not accepted by the court as of now



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