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  • vin13
    11-11 12:14 PM
    We can all send a copy to the ombudsmand and DOS.

    I will be discussing this with my congressperson in a couple of weeks. Can any of you contact your congressperson and have them help you regarding quarterly spillover? Use the draft to take to your local congressman.


    The draft letter looks good. I think, we should also send a copy or new letter to the Ombudsman and to the DOS (as DOS is also involved in how many visas are released).

    That way we do not get pushed around.

    Good work.

    Gaurav





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  • logiclife
    03-09 12:09 AM
    Many thanks Abha for your contributions.

    Would you also like to join the membership drive of immigration voice. We are organizing a chain recruitment drive (since a couple of days) to help get more members and have 10,000 members.

    Please email me at jay@immigrationvoice.org so that I can send you brochure/doc for volunteering. Its really not a big commitment, except 45 minutes per day for a few days.

    Here is more: http://immigrationvoice.org/forum/showthread.php?t=305

    --Jay.





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  • FinalGC
    12-27 08:39 AM
    You mean 529? Thanks of telling. I was planning to open an account for my kid's college.

    Are you sure they wont let you open an account even if the kid is american citizen by birth?


    GUYS THIS SEEMS INCORRECT, I HAVE A 529 FOR BOTH MY BOYS......MY FINANCIAL BROKER SET IT UP FOR ME..





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  • amrutasanjiv8
    12-21 10:30 PM
    Hi ,

    I have H1B from my current company A. My fiance is having no visa so he is in India. He is in IT hardware field.....

    Also I am currently searching for jobs in IT hardware field in USA but as he is not in USA so no luck till now.....
    1) I am thinking of bringing him in USA after marriage on H4...the reason is it seems to be very difficult to find job in USA from India with H1 sponsorship ...As I have H1 , my fiance can have H4....On H4 he can not work in USA or apply for jobs in USA....plz confirm...

    2) So I am thinking of changing H1 to L1 by changing my current job .....Can I ask my new employer to sponsor L1.....or shud I ask my present employer to sponsor L1....what will be good for us?

    3) how much time H4 processing takes?

    3) If I get L1 from new/existing employer then will H4 of my dependent will get changed to L2?


    4) How much time does it take to process L1 and L2...

    5) Can a person on L1 change job in USA?

    kindly let me know your views as it is very much urgent .......


    Thanks,
    Amruta



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  • gsc999
    04-23 10:44 AM
    This meeting was a success since IV was able to display support for the bill and also then follow up after the meeting. IV core members worked hard to make this event a success and we are happy to report this.
    Many thanks to gsc999 for bringing a banner and wearing IV T shirt
    ---
    Pappu, thank you for your kind words. I just had the T-shirt. Canadian_Dream brought the banner. Canadian_dream has been a very active member behind the scenes. Both of us coordinated this effort so that we could share the work. Next time we promise to be better prepared.

    Go Northern California Group, Go IV!





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  • webm
    03-17 04:56 PM
    Spillover is not handled within category: It is handled from top preference to lower preference. Spillover pattern is as under. It is circular and cyclic with broken link from EB3 to EB4.

    Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.

    http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html

    So legal pattern for spillover is as under.
    --------------------------------------

    EB1 -> EB2
    EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
    larger demand.)
    EB4->EB1

    Note: Nothing goes from EB3 to any category and practical reality is that
    nothing extra comes to EB3 as EB2 is always hungry:)

    In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.

    USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.


    well said dude!!!



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  • getgreensoon1
    05-23 04:39 PM
    what the f**k ?
    Who taught you this definition idiot?

    Why we dont like gultis ? - eCharcha.Com (http://www.echarcha.com/forum/showthread.php?t=18691)

    This link might help you understand the different definitions.





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  • amitjoey
    07-03 11:50 PM
    I understand that a lot of people have a genuine concern about why we would need funds for a law-suit, especially when AILF is doing it and it wont cost members to participate.
    I am not core IV member, and I do not know the right answer, so I might be wrong, but last time there was a discussion about lawsuit, and previous occasions when it was discussed, it was clear that lawsuits have to be accompanied by a simultaneous campaign of lobbying, media coverage, and buying print and radio space. If we have to make a big splash, and make it really red and dark. That will also put a lot of pressure on the concerned authorities. These related activities need $$. Again, I might be totally offbase here. Pappu can answer this.



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  • tjayant
    11-21 09:45 PM
    Correct me guys if this is worng, it is my undestanding i can convert from EB3 to EB2 from same employer or from another employer but retain the priroirty date, say i applied by GC under EB3 say in 2003, i can ask my employer to convert to EB2 or another employer can file a new application under EB2 using PERM and use the same priority date as EB3 while file the I485





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  • met3259
    08-20 11:35 AM
    got my FP notice today..

    I485 RD - 7/2/2007
    ND - 8/3/2007
    FP Date - 9/04/2007 (FP Notice received 8/18/2007)
    Service Center - NE

    I have a question for gurus...we applied for AOS for my child also who is 6 years old. Is there FP for the children?

    My kids are 7 & 9. Our fingerprinting and photo date is this Saturday Aug 25.



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  • yganreddy
    05-09 12:06 AM
    Hi

    Atlast I received My Welcome notice on 05/05/08 morning. First I received Card Production order and after couple of hours I received Welcome notice mailed. Today I received Approval Notice sent mail at 5:00 PM

    Thank you very much for all the information provided in forum. It was a great help. I will stick around.

    My details

    EB2 02/2003 (India) - TSC
    Sent 485 on : Jun 29th 2007
    Received on : Jul 02 2007
    Notice Date : Aug 24 2007
    Soft LUD on 485 : 12/07/2007
    Card production ordered mail : May 05 2008

    Contributed so for $100.00. Will contribute more.





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  • johnwright03
    07-01 09:38 AM
    06/30/2007: Potential EB Visa Number Exhaution in July and Probable Actions of State Department or USCIS

    * By now, people understand that the sources of potential action by the State Department or USCIS are predicated on the two important facts. One was the information from a government source that there were only about 40,000 numbers left for the entire EB visa numbers for the FY 2007 which ends on September 30, 2007. The second important fact was that reportedly the USCIS alone had far more than 40,000 I-485 applications in the backlog queue that were reportedly ready for approval. Considering the fact that the immigrant visa numbers are consumed by the approval of I-485 applications by the USCIS and the approval of immigant visa applications in the consular processing by visa posts througout the world, 40,000 visa numbers could be fairly quickly exhausted in early July 2007. This prediction was exacerbated by the information that the USCIS was apparently picking up the pace of I-485 adjudications lately.

    * Obviously the State Department has been in communication with the USCIS and was well aware of the situation. Sources reported that the State Department might revise the July Visa Bulletin either Monday or Tuesday to reflect the situation. However, it is unclear at this point whether this will occur on Monday or Tuesday or, for that matter, some time soon, particulary considering the ongoing uproar in the nation. Assuming that the EB immigrant visa number will be exhausted before the end of July, from the government perspectives, they may have two options to handle this matter. One is the State Department revises the Visa Bulletin based on the newly developed facts and predictions. The other option is that the State Department does not take any action of revising the Visa Bulletin but just notify the USCIS when the visa numbers for certain categories are exhausted. The initial sources of rumor was the former possibility. However, as updated by the AILA afterwards, it might or might not happen.

    * Whether the State Department revises the July visa bulletin or not, the fact will remain that 40,000 numbers could indeed be run out in a fairly short period of time in July. It is too obvious that under the statute, when the visa numbers are exhausted, the USCIS will not be able to approve any I-485 applications, and for that reason, the USCIS may wrongly reject the incoming I-485 applications or return I-485 applications which were received after the date when the visa number is exhausted. This happened for the "other worker" category in June when the priority date was current in June for certain other workers. The issue of legality of such action of the USCIS is rooted in the required distinction of the USCIS statutory mandates between its job of adjudication of 485 applications "already in the pipeline" and its job of "accepting new 485 applications." Arguably, when the visa number runs out, there is no question about that the USCIS should not and cannot adjudicate and approve any 485 applications. But there is no legal basis that the USCIS should not and cannot "accept" new 485 applications when the cases fall within the cut-off date of the monthly visa bulletin. If the State Department attempts to revise the July Visa Bulletin, probably they are doing it to overcome the predicament of the USCIS that will face in rejecting the new 485 applications. The problem is the State Department's own legal problem or authority to revise the published Visa Bulletin. Accordingly, either USCIS or State Department will be liable for either abuse of power or arbitrary act depending on who acts. The AILF is planning to sue the USCIS for rejecting "other worker" new 485 applications in June probably on ultra vires or other statutory authority grounds. Should the same thing happen in July, the AILF intends to extend its lawsuit to cover the July 2007 485 applicants, probably in the form of class action. What happens if the State Department revises the Visa Bulletin and the USCIS rejects the new applications based on the new Visa Bulletin? Strictly speaking, there may be no cause of action against the USCIS in that it followed the State Department's Visa Bulletin for the month of July. In this case, probably the lawsuit will have to be directed to the State Department for violation of law in revising the visa bulletin. We will soon find out.

    * Where does this leave to the July 485 applicants? Fact remains that all likelihood, the annual limit may reach fairly early in July and they should file their cases before the visa posts and the USCIS exhaust all the numbers. They have to do this probably for the two reasons. One is that should the government take the second option of rejecting new cases after reaching the limit just as we experienced in the other worker cases, those who filed the I-485 application before that date will not be affected. Those who files the application after the date of exhaution and receive rejection of the 485 applications may be entitled to sue the USCIS either in a class action or individually. Secondly, if the government takes the first option of the State Department revising the July Visa Bulletin, they will have to sue the State Department and for that purpose, they should have filed I-485 applications within July 2007. Otherwise, they may have a standing to sue the State Department.

    * For the foregoing reasons, we urge the July 485 filers to file the applications as soon as possible. At the same time, we urge the State Department and the USCIS not to take any actions to avoid the lawsuits. They should keep accepting I-485 applications even after the enhaution of the FY 2007 numbers, even though they will not be able to adjudicate these applications until the visa numbers become current again. Again, the agencies should distinguish the requirement for adjudication of 485 applications and the requirement for acceptance of new applications. These are two separate things.



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  • nonimmi
    02-21 01:52 PM
    yes, you can unless your eb3 I140 has been revoked for fraud or misrepresentation of facts.

    Good info.

    My attorney said EB3->EB2 is not possible now. Can you please post some link for this and pm me some attorney you may know have done this before.





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  • retrohatao
    02-07 10:32 AM
    Admin,
    I beg to differ. As far as USCIS is concerned, it just forwards the security clearance request to FBI/Homeland security. It does not follow up unless you sue USCIS. As far as they are concerned, the "ball is in FBI's court" ( exact words of the representative). So NameCheck need to be a separate issue.



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  • delhirocks
    07-01 10:16 PM
    I am amazed to see these new born baby members cropping up these days from nowwhere questioning IV. No wonder we are popular and feared by anti immigrants. If you guys think IV cannot do something, then go have beer and eat chips. If you think IV can do something, then tell your lobbyists to oppose our lobbyists and stop us.

    Well...I guess its a good sign if thats what happening...





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  • vandanaverdia
    09-10 03:34 PM
    You have the fear of rejection EVERY TIME when you go for visa stamping, even though you have been doing so for the past so many year!!!



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  • ak77
    09-10 02:06 PM
    I found another link. Not sure if its the right one ?

    http://www.c-span.org/Watch/C-SPAN_wm.aspx



    Yes this one is working for me...but iam also not sure its the right one or not.





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  • GCOP
    10-15 01:04 PM
    Flowers can work this time also. Any/All suggestions, which help to pass the visa recapture bill are most welcome. I think, right time to start any campaign would be after election. In the meantime, we can utilize this time to come up with firm action plan. IV core team is requested to decide the course of action and declare the action plan.

    Guys,

    I think this is a time to start another flower campaign to USCIS. It is ridiculuous to have 7 years of retrogression on EB3 India, same is true to good extend for EB2 India also.





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  • H1Girl
    03-10 04:52 PM
    ....

    Any one donation NOT to be less than $100 PLEASE.
    I believe that the goal of Visa Re-capture is worth more than that even if you are making multiple donations.

    Please pardon me for my ignorance but why is that every admin fix will work with money in this country?

    Does this mean we have to pay money to fix something in the system that will be useful to this country (eg: Senetors take the money and introduce the bills. Do you guys think it is equvalent to Bribe in other countries?)

    I could recall that July '07 fiasco has been fixed without we donate anything.

    Yes, I know that nothing is free in this country however I am not sure why should we pay bribe (or whatever you call) to fix something in the system?

    These senetrors should have minimum knowledge that if they give GCs to us then we will flourish the economy in return. That is my point...





    pointlesswait
    02-04 10:31 AM
    some jack left me a message calling me ignorant.

    ppl here are discussing his topic to death.. abt changing the per country quota.
    No one here wants to even ponder that.. immigration into US is a not a random act.

    The policy makers and thinkers may have spent many sleepless nights to arrive at the thought of giving every global citizen an equal opportunity to migrate to this "land of opportunity".

    So even an attempt to remove per country quota is absurd and retarded thought.

    Be practical and make more realistic suggestions..

    a.) IF someone has been inthis country for 10 years ..F1->H1, he shoudl qualify for EAD (no constrains) , until the visa number become avaliable.

    b.) Allow for simultaneous 140-485 filing..


    so if peeps here think that i am ignorant for saying that attempt to remove country quota is a non-starter.. think again.. DF's





    Macaca
    09-26 10:38 AM
    There is a non-profit organization (like Business & Media Institute (http://www.businessandmedia.org/about/about.aspx)) that reports on wrong media reports. They have lot of reports on Lou Dobbs.

    The details were posted in one of the many Lou Dobbs Threads. I can not find it.

    If anyone can find it please post details of the organization and send email to this organization also.



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