Thursday, June 30, 2011

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  • This week#39;s Newsweek Magazine



  • mallu
    10-05 03:58 PM
    Hi

    I just spoke to a very nice IO. I asked about my name check , she said that it's pendig and FBI name check is 9 months behind the scheduale. That all the information she gave me.

    does everybody go through FBI check name or only a percentage?

    Everybody has to go through name check. A "small percentage" get stuck. Right now most of this forum is in "receipt mode". Let us wait for 1 more year to see how many scream " i am stuck in namecheck" . Just ask Indians/Chinese/Russians.





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  • victory123
    05-17 10:56 AM
    Hi,

    My labor (EB3) and 140 were approved a while ago.My company has sent H1B extension for three years in Feb 07.There was a query requesting for additional evidence from USICS in Apr 07.They are requesting lot of my company info and nothing about myself.My Company is taking its own sweet time to respond.Now I am eligible to file 485 as per the latest June visa dates for EB3.My question is could I file 485 when H1b extension is pending.My previous I94 expired on May 07.Please help as it is urgent.If the visa dates move back again then it will be horrible.My Company didn't file during concurrent filing and has eaten 2 years of my life and now they may use this to further hold me..any help will be appreciated.

    Thx Vict





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  • boldm28
    09-24 06:48 PM
    Your attorney HAS to reply to your inquiries. It is stated in every State's BAR website. Otherwise, you have right to make a complaint that stays with the BAR records forever. BAR has to publish it to anyone who asks for information about that attorney. Attorneys do not want that.

    We were in a similar situation. We sent an e-mail and left a voicemail saying something like: "In our point of view, a reasonable time for you to reply to our inquiries is 3 business days. If you do not call us and let us know another reasonable period of time for a reply period immediately, we will assume that you will reply to our inquiries and/or let us know the information about our case coming from USCIS in three days".

    I guess we are learning this country's ways.

    This worked very well ;

    Our case:

    i99 - I140/485 concurrent/NSC/July@d/R.Williams/No CC/No RN

    TRUE

    I got my fedex/DHL info from my attorney when i told them i would complain about her to the state BAR association and by the way She/He is already being investigated by the BAR association .. i wont want to give her/his name out but she answers questions on a popular website which starts with state language





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  • Rate this magazine cover



  • acecupid
    08-21 12:37 PM
    guys,

    With the new visa spill-over process, where do you think EB3_ROW will be in the October 08 bulletin?

    It will be so retrogressed, you will need a time machine to travel back in time to figure out how far back :):)

    No one can predict that dude... chill out!



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  • 23, 2009 issue cover of



  • GC08
    07-09 09:22 PM
    why do you keep parroting the pro USCIS, pro -antiimmigrant line all the time?
    there are times when your realism makes sense, then there are others when it's plain silly.
    this was not a mistake. this was not an accident.
    civil servants do not show up on weekends by accidents. and they do not do 6 mnths of work in 15 days by mistake.
    it was intentional, directed and planned.
    you can believe whatever motives you want and you can sympathize with uscis till kingdom come. but pleaaasee don't tell me it was a random event, some act of god that is our destiny or such crap. please!

    I wish USCIS could stand out and answer those questions... do whatever they can to clarify those "rumors". :confused:





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  • images 2011 newsweek magazine



  • svm
    10-01 05:19 PM
    Got the card production ordered e-mail!!..



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  • gcsomeday
    08-22 10:40 AM
    Like others have pointed out, it looks like that the numbers are being allocated in a different way from before. Does any one know of any article or discussion by a real attorney or some expert on what is going on?

    USCIS may be using divide and silence tactics. One can already see the impact of EB2 being as good as current. They probably liked what they saw and are setting up to move back EB3 much more. At this rate EB3 will crawl to death. People will try to jump into EB2 and realignments/adjustments automatically will take place.All good for USCIS.

    But, going back to my original question, what are the legal experts saying? Can any legal entity or any type of action force USCIS to explain what the heck is going on?





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  • amitjoey
    06-29 06:48 PM
    Could it be that the AILA is talking about the 4th category and AILF's Legal Action Center is seeking plaintiffs - mainly 4th category that got their applications rejected?




    AILA Follow-up to Update on July Visa Availability

    From: AILA National
    Sent: Friday, June 29, 2007 5:48 PM
    Subject: Follow-up to Update on July Visa Availability


    Further to the email earlier today about July visa availability:

    Several members have asked whether they should continue in their efforts to
    file adjustment of status applications for employment-based cases. Of course
    , this is a matter for each attorney's best judgment, but note that:

    -It is not certain what day the revised Bulletin will be issued.

    -It is possible that the revised bulletin will not issue at all--efforts to
    stop this unprecedented action are being pursued.

    -If you "front desk" the application, i.e. decide it is futile to file, and
    a remedy opens up later, having submitted the applications may improve the
    chances of utlizing whatever fix might be available.

    -If you do submit the adjustments, be sure to use a method whereby you can
    document delivery, and keep that documentation for each client.

    -AILF's Legal Action Center is seeking plaintiffs with respect to both the
    adjustment applications that were or are expected to be rejected for June
    and the adjustment applications that are expected to be rejected in July. Go
    to InfoNet Document # 07062975: http://www.aila.org/content/default.aspx?docid=22798 on InfoNet for the Potential Plaintiff Questionnaire and related FAQ.

    We cannot predict now what will happen, but will continue to update the
    membership as developments occur.



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  • This March 6, 2000 cover of



  • amitga
    07-18 08:22 PM
    Lou Dobs is going to talk about immigration legislation burried in defence spending bill (which is under debate now) now. He just mentioned that there are pieces of 'Amnesty' legislation in the bill and he is gonna talk about it.

    If anyone has DVR please record it and we can disect it and post it on you tubes.

    I also heard the same thing. It is not clear if whole immigration bill has been attached to defence bill or only illegal immigrant part of it.





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  • In a Newsweek report (Ebony:



  • pappu
    11-22 07:50 PM
    http://www.bibdaily.com/pdfs/Tao%2011-7-07.pdf

    Plaintiff suggests that the fact that her application
    has been pending for nearly three years is patently
    unreasonable. She argues that Congress intended
    applications to be adjudicated within 180 days. See 8
    U.S.C. � 1571(b) ("It is the sense of Congress that the
    processing of an immigration benefit application should
    be completed not later than 180 days after the initial
    filing of the application . . .."). That [*10] 180-day
    timetable may provide some guidance here, although the
    "sense of Congress" expressed in INA Section 1571(b)
    does not necessarily carry the force of law. See Yang v.
    California Dep't of Social Servs., 183 F.3d 953, 958-59
    (9th Cir. 1999).
    Defendants argue that there is no statutory deadline
    by which applications must be adjudicated and that, in
    any event, the "first-in, first-out" protocol must be given
    deference. True, Congress has not established a
    mandatory timeframe for the USCIS to adjudicate
    applications. Moreover, "'[t]he passage of time alone is
    rarely enough to justify a court's intervention in the
    administrative process, especially since administrative
    efficiency is not a subject particularly suited to judicial
    evaluation.'" Yu, 36 F. Supp.2d at 934 (quoting Singh v.
    Ilchert, 784 F. Supp. 759, 764-65 (N.D. Cal. 1992)).
    However, the court also recognizes that there is no
    precise formula for determining whether there has been
    an unreasonable delay. Instead, "[w]hat constitutes an
    unreasonable delay in the context of immigration
    applications depends to a great extent on the facts of the
    particular case." Id.



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  • nashim
    08-23 02:52 PM
    It�s a very good idea.





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  • Jackson-Newsweek-cover.jpg



  • SunnySurya
    08-07 11:07 AM
    May be but when I do the math the benefit of getting GC in time outweighs the pain taken now.
    Height of selfishness....

    It is amazing that how these people are ready to spend tons of money and time for such selfish causes.



    And how do you know , I have not?


    If this kind of enthusiasm is displayed on IV action items and contributions then there would be better chances of achieving the goals of this community.


    What damage can it cause to others, I am the victim here...

    But, if you are so hell bent on putting your GC first, irrespective of the damage to the cause of the community, if you are so mad about yourself.. why do you care about polling.. Go alone.. just focus on "you and your GC" .. achieve something alone.. You can then keep all the benefits to yourself.. all yours..Go ahead!


    There are no supportes only plaintiffs.

    Just like your campaign, the fundamentals on which you run it, cannot be trusted.. because if it suits you, you'll sell you supporter's interests for your own GC.


    I got time...

    That's why you get support from very few....


    Whereas those who created this forum have support of thousands!



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  • sravani
    05-16 08:30 PM
    Hi,

    I'm in trouble situation, maybe somebody can give advice.
    I can file I-485(Eb3 March 2005). But my wife & daugther basically out of status. Their H4 visas were not extended.
    Before june bulletin I was thinking to go back home with my daughter (she is under 18) and try to get visa in consulate. It was attorney advice. Also he suggest to file for an asylym for my wife.
    Now I'm going to file I-485 for whole family regardless what attorney will tell me.
    Is it good idea to go directly to uscis office and ask them (can I file)?
    And what will happen if their apps gets denied?

    Any ideas?

    I think in your case the best thing is to go out of country with your wife and daughter, get their passports stamped, reenter us and apply 485 with the new I-94.

    This is what I think, but I am no expert...





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  • gjoe
    08-07 10:54 AM
    Sunny and Rolling came out as selfish to the majority of the members because they just focused on their issues first and identified some of the root causes for their long wait.
    I think we should all atleast encourage them in their pursuit for justice. We have nothing to lose. When a specific group works on an issue which is affecting them most they would do the best to get that fixed.
    This would motivate other smaller groups with other issues to take up theirs seperately. The more this happens the more heat it will generate on these 3 agencies DOL, USCIS and DOS.
    Then we as a bigger organization can work much faster on getting the bigger issues resolved which in turn will fix lots of these smaller things in the system.
    These kind of initatives are a win win for everybody. Every small step would help us go move towards our goal instead of trying to take one gaint step and getting bogged down.

    PS: Waiting for miracles is onething for people who trust in God
    But acting on ones own issue can get them closer to that miracle



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  • eb3_nepa
    07-11 10:01 PM
    eb3_nepa,
    The whole idea of this campaign was to get media attention and publicize this issue as much as possible, which we all know that it did just that quite effectively despite all the apprehensions and reservations expressed.

    This campaing was never thought of as a panacea for all our problems, whether it will lead to a fruitful or POSITIVE result that is still unknown. What is known is that this drive has provided some much needed traction and attraction to our cause, which is the important RESULT at this point in my opinion.

    All I am trying to say is that we should give some thought and imagination before discounting or discarding an idea even if it appears to be far fetched at first. Any idea proposed which is out of the ordinary will be meted with reservations and oppositions, after all its nature's law that there is always resistance to change,:rolleyes: good or bad.

    I don't want you to be eating your words :D , I know for sure that you want this problem resolved as much as anyone else on the forum.:D

    Everyone has right to be SKEPTICAL and even I am SKEPTICAL about the final outcome of our over all struggle, but I wasn't SKEPTICAL about the outcome of this campaign.

    May the force be with you.:D

    Green_Print, I agree we got a lot of media attention. However most of it was hidden beneath the depths of other more important news to the average american. Yes we got attention from the press and I hope we get even more. However if nothing comes out of this campaign, then is it not heart breaking to everyone who sent these flowers? :)

    If you guys think this was a success, how about sending the same flowers to the Congressmen and Senators in thier DC offices?





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  • vgayalu
    10-05 12:53 PM
    For me and my spouse got Magic mails as ordered for cards one hour back.

    Still waiting for my Daughter.

    This is my 11 th year in USA.
    Good luck for all. Thanks for IV and IVians support.



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  • sri1309
    01-09 04:03 PM
    All,
    Please do this, register yourself, and search for "immigration". You will see 10-15 questions. Please vote for them. Please pass on the message to your friends. Obama wants to hear from us..
    http://change.gov/page/content/openf...17_private_url

    Its better not to create the same question again. Please do. This is our chance.. Let us be heard.





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  • tampacoolie
    06-29 08:50 PM
    Well said. Lets forget this USCIS and DOS nonsense and focus on our daily lives and some vodka !!!. Cheers





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  • They#39;re not Time or Newsweek,



  • vikki76
    10-22 05:48 PM
    I will send that 7001 form out today to ombudsman and then do this sit-wait-watch-getfrustrated game
    I wish US govt realises how much they lose on worker productivity by not following FIFO order for processing application. (i.e go by RD date)





    fatjoe
    10-22 04:14 PM
    Cali: Did you try Ombudsman too? No result?
    Mine is at TSC. PD: July 04. RD: Aug 17, 2007. ND: Oct 15, 2007. What is your RD and ND?
    I have a feeling that the IO might look at the applications received on Aug 17, 2007, only at last. Its because, when I went for infopass, the IO said that, "You have filed on the last date, so you will have to wait".
    Anyhow, I have tried all that I could, and now I leave it to the Almighty.[/QUOTE]





    malaGCPahije
    08-08 09:41 AM
    If the job required a EB2 or EB3 but EB3 was filed earlier. Is that possible?

    for the same job position it should not be possible. When the employer filed in EB3, the employer must have provided all documentation necessary to justify the EB3 status. If now, the employer has to go back and indicate that the job requirement matched EB2 status, then that indicates something was not done right during the earlier application. That could right away trigger a RFE.



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