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  • jsb
    08-14 02:15 PM
    Your PD is not yet current.
    If they have issued GC to you, it was a mistake and you should report it to USCIS to avoid future problems.

    There were several discussions on this forum about this issue.
    Report to USCIS ASAP that you have been approved by mistake.

    I thought with PD of 2004 by now you should be well aware of how Visa bulletins work. :confused:
    Either you went into hibernation after filing for your GC back in 2004 or you are just faking your profile.

    If your PD was current, but they didn't give you a visa, that is a mistake. Why should someone report getting a visa is a mistake? He applied for the visa, he/she got it. Is it his/her job to watch USCIS? What future problems should he/she expect for getting a visa?

    Further, it is great mis-impression that everyone who applies for a GC watches visa bulletins, or knows how they work. I for one, knew nothing about visa bulletins, or EB1,2,3 etc. until the Washington rally. When my LC was filed, I only knew that my GC has been filed, and it would take years. At that time, even until recently, I never even expected a GC would come before I would decide to go back. There is a higher percentage of those who don't watch VB than those who do. I know many in my circle, who are waiting for GC but never bother about VB. Some don't even have emails. Perhaps VB watching is more prominent among computer guys.





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  • Libra
    07-06 12:26 PM
    Dugg it

    Digg it people Digg it!!!





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  • hsingh82
    02-25 04:09 PM
    �A journey of a thousand miles begins with a small step.�

    ~ Lao Tzu (570-490 BC), Famous Inspirational quote by the Chinese Founder of Taoism.

    Recently all of us in the IV community were thinking and worrying about what the future holds for skilled immigrants in this country. Day by day things are getting tougher! All of us in IV community (including the leadership) have different ideas about how to approach the problem. Under the IV leadership, we have a set of declared priorities and our lobbyists and community are working for those. Even when we work for those stated goals and priorities, we have to reevaluate what is feasible in the changing environment.

    In this increased protectionist environment, Re-Capture, Country Cap Elimination and Immigrant Visa increase seems difficult if not impossible. So, I would like to propose a SMALL STEP, which would provide us HUGE BENEFITS and at the same time satisfy all stakeholders (including anti-immigrant community) as this is the least controversial method.

    Some of us may say that this won�t work. Some of us support a big-bang theory. Some others argue for the already stated goals and priorities from the IV leadership team. I agree with all these groups of our brethren, but at the same time, I urge each and every member of our community to give a serious consideration of this proposal before shooting it down.

    Please do not use this thread to point fingers at one another. Always remember, when you point fingers at someone, three of your fingers are pointing towards you and one stays neutral. Please try to avoid statements like the following in your reply to this post to encourage serious and productive discussion:

    �Why didn�t you update your profile with all information?�
    �What have you done so far for the community?�
    �Did you participate in these so and so initiatives of IV?�
    �You are a line cutter who used substitution�
    Etc etc etc�the list goes on.

    We have far more things that unite all of us than the few things that divide us. So, let us focus only those things that unite all of us. If we are united, we can easily solve all our differences. As AR Rahman said, always we have the option of choosing love over hate.


    PROPOSAL

    Our main concern with respect to GC journey is the UNCERTAINITY! I am sure all of us worried at least one time �What happens if my 485 gets denied after all these years of waiting?� Many of us here are expecting a GC wait time of 2-12 years. So, a denial at the end would be little bit disheartening.

    The normal processing time of a 485 application ranges from 4 months to 12 months. For all the retrogressed countries, this would be 2-12 years. All of us, who are in the Adjustment of Status category, are legally allowed to stay and work here in the US. So, in no way we are additional burden to the country. So, all the shackles on the GC applicant and family during the years of retrogression period are not beneficial to anyone in this country and it is not protecting anyone�s job. These shackles just inflict pain to the GC applicant and family � that's all - nobody is benefitting from this!

    So, if we can work to obtain Adjudication of all I-485s irrespective of whether the country is retrogressed or not � we have a solution. As per the INS rules, an immigrant VISA cannot be allocated outside the numerical limit. If the country is not under retrogression, the applicant will get his GC. If the applicant�s country is a retrogressed one, instead of obtaining the Green Card, I-485 processing-status could be changed to a new one such as �Adjudicated � Pending Visa Allocation� (meaning: Adjudication completed, Visa allocation pending). So, in essence, when the VISA numbers are available, then only the person will get Green Card. But at the same time, the applicant and family can feel the relief � No need to worry about RFE, NOID, MTR etc, because the 485 is already approved and it is in a Pending Visa Allocation status. So, in the case of all these retrogressed countries, the actual allocation of Green Card may take 2-12 years time depending on the availability. This option will go well with the protectionists.

    If the status of the 485 application is �Adjudicated � Pending Visa Allocation� and the applicant�s country is a retrogressed one, S/he should be eligible to obtain 3, 4 or 5 year EADs with travel benefits associated. Also, the applicant should be able to take any job after 1 year of the status change date of the status �Adjudicated � Pending Visa Allocation�.

    I believe the above proposal is a small step in the eyes of the protectionists where as it is a big leap for all retrogressed country applicants. We may be able to achieve this using administrative fix or an action from the Executing branch, as this won�t change the annual GC quota of 140000. Apart from this, this will encourage all those skilled immigrants to invest in American economy within 1-2 years of filing AOS application. At present most of us are sending our money to our home countries as our situation is so uncertain. This effort will definitely help the ailing economy and will serve as a boost to the housing market.


    Whom should we approach to get this done?

    Ans: Hillary � Yes Hillary Clinton. She is the number 1 friend of people from China and India, who is in the current administration. Her department is also in charge of the 140K Visa numbers, Travel related visas etc. If we can get support from Compete America, prominent members of Indian and Chinese communities in US, Ambassadors of China and India to US and approach Hillary, we will be successful. Hillary may be very much pleased to start an initiative to achieve this, as she has a chance to influence 700K+ Indians and Chinese immigrants in US, in a very positive way. At the same time, politically this won�t create much problem � Status quo will remain the same � even after such an administrative fix. There is no net addition of immigrants to this country.

    With Hillary�s support, if we approach Janet Napolitano, we may have a solution.


    Remember: �A journey of a thousand miles begins with a small step.�

    So, once we obtain this admin fix (first step), then we will work to obtain the Allocation of GC issue for all those folks who are waiting to get the GC allocated.

    Every progress starts from a dream. So, if someone would like to call this a dream, please feel free to!

    Smart thinking.... excellent idea!!!!!!!! Looks like so many people are impressed by it that IV DB server is having issues when I try to submit the reply :)





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  • SunnySurya
    08-21 04:33 PM
    Where in the bulletin you are looking at?
    Spillover mentioned in the "VISA BULLETIN FOR SEPTEMBER 2008" can only be used in the timeframe Sept-01-2008 till Sept-30-2008.

    http://travel.state.gov/visa/frvi/bulletin/bulletin_4328.html



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  • sargon
    05-11 02:55 PM
    I totally agree. The point here is that substituted labors are not completely dead. It's like a toxic waste which is still poisoning the legal immigration biosphere.

    What most ppl here are asking is to rearrange the PDs of all apps in such a way that substituted labors move back in the queue. This will give the genuine labor folks a better chance.

    So just chanting that labor substitution is dead for past two years will cut no ice. All, please don't muddy the water with such statements. The real issue being discussed here is to re-sort the PD, not banning labor substitutions.


    Yes it was stopped in 2007. But it still has its shadow. Back in India Did you leave in area where there was shortage of water? All I said is do not call them as jealous. They have valid grievances. If they want they can fight.
    Profile is not needed for an educated guess. Any way I became a citizen last week.





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  • immigration1111
    07-17 07:52 PM
    IV

    You are our light! Thanks for all your help and effort! A part of my and our success in life is definitely attributed to YOU!

    Thanks for all you did for each one of us!!!



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  • vxg
    08-18 11:44 AM
    jsb,

    Now I think some major clarifications are needed here. The Receipt Date (RD) that is printed on the I-485 receipt is the date whenever queuing according to RD is needed. This is THE date wherever a FIFO is required and is as assigned as soon as the envelope containing the I-485 is received.

    The ND only represents the date data-entry is made. This is the date which is mentioned erroneously as "received date" on the USCIS online system. Now this thing has been mentioned at USCIS liaison meetings by center directors and thro' AILA several times (I will post the reference as soon as I find it).

    That said whenever I talked to NSC officers (not the National Customer SC non-officers or regional call center IIO's or Infopass ignoramuses) ..officers who personally were aware of the going on's at the service center they said the Notice date does not carry any value for case adjudication priorities and the CLAIMS 3 systems only sequences (or sweeps as they call it) as per the PD and RD (when needed).

    Further, since I see all the notes made for my approved I-485 (thro' FOIA) including the worksheet completed by contractors. I clearly do not see any notations mentioned with reference to the ND on it...

    That said, for the OP, since your RD is very close to the "official" processing date there are all chances that your application might have already gone under the eyes of a CAO (Center Adjudication Officer). Call NSC directly and ask since you are so close and especially since your date is going current next month....you want to make sure that your file is either pre-adjudicated OR assigned to an officer.

    I can tell you this that i talked to representative at TEXAS SERVICE CENTER (TSC) and he flat out told me that the RD of my case is Oct 10, 2007 however the receipts i have state a RD of Aug 3rd, 2007 with ND of Oct 10, 2007. I asked the TSC rep about this and she kept saying the date keyed in our system is Oct 10, 2007 and that is the date we go by.
    I have asked my lawyer to send a formal query and have also sent email to TSC after talking to National Service center as NSC recommended me to send a letter to TSC. My lawyer believes they will honor Aug 3rd but if i do not hear anything i will take INFOPASS and drill it down.





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  • nogc_noproblem
    07-11 01:50 AM
    Could not able to understand from where this EB2 Vs EB3 scenario came up, silly.

    If somebody says EB3 filer is inferior to EB2 (in a way), then it is ridicules. Being said that, nobody has asked to them to opt for EB3, it was just the situation they were in when they started their GC journey. Let it be their educational qualification, experience or job requirement, they opted to go with EB3 with full consciousness and also due to some compelling reasons. If EB2 dates are moving forward why EB2 filers needs to be blamed / targeted for that? This doesn’t make any sense either.

    Also, now nobody is stopping them to convert from EB3 to EB2.

    Let us just stop this EB2 Vs EB3 crap and do something constructive. These kinds of fights will not take us anywhere.

    Coming back to the topic of this thread, WHY WE ARE HESITATING TO FILE A LAW SUIT? Any answers?????



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  • Maverick1
    07-11 01:49 PM
    I have great respect for Paskal. I found your posts to be level headed all the time. Looks like you took this personally this time. This only shows how frustrating these times are. This whole screwed up process is wrong and unfair. Any type of comparison us useless.

    There are many factors that determine whether you applied EB2 or EB3. It is not just what your qualifications are. Some companies and attorneys have predispositions. Some companies are very liberal with their job descriptions and some or not. We all know that.

    We can draw this argument to many levels.

    Experience VS Master's degree
    Indian degree vs US degree
    Desi Body shop Vs Jobs in reputed companies
    Company policy VS bought out LCs
    Reputed Schools Vs So So schools

    Fact of the matter is , There is still some challenge still in applying under EB1 (although I see many more EB1s these days than I used to). But we practically blurred the lines between EB2 and EB3. That is why people talk about EB2 VS EB3 not EB1 vs EB3.

    There are many more qualified folks under EB3 for variety of reasons (who practically gave up any hope) and also some who were in EB2 that are probably not EB2 by strict interpretation and spirit of EB2.

    Bottom line : We all screwed. Some more than others :)

    Just my 2 cents :)














    it goes deeper than that. first let me point out that this is philosophical- you argument is not about law, it's about a point of view.

    so if i ask you why EB2 filers should spend extra years getting educated and never getting this all important magic "PD" and then get in line behind someone who got a job the day they entered the country- and got a PD soon enough- what would you say?

    ask me. it took me 11 years to get a PD. why? for 7 of those years i was getting my advanced education. so why should i suffer behind the 3 year Indian degree person (against my 7 years there as well) who came in 5 years after me and filed right away?

    there are reasons why the EB priorities were set up. by simply extending your logic EB1 should also wait for a turn and not have priority. what's good for the goose....

    having said that, it is absolutely insane to ask people to wait indefinitely and we must do something about it.

    today the EB3 folks (and I have nothing against them, their waits are insane- and it's absolutely not right) are porting to EB2 with those bachelors degrees and 5 years experience. and just because they could APPLY for a GC earlier and all their years get counted in the PD, they keep lining up ahead of me. why do all my years count for NOTHING?

    please spare us "fortunate" EB2s a thought too. think of when in life our careers are finally freed from waiting for a GC.

    and now please concentrate on ways to end retrogression and stop the EB2 vs EB3 crap. we all have our problems.





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  • seekerofpeace
    08-12 04:51 PM
    As I read the thread above on the perennial point of contention PD or RD or ND.

    My question to the forum is how can TSC (My case was filed at TSC) sent an RFE if the case is not opened....I received an RFE in Nov of 2008...my 485 RD was July 23rd 2007 and ND was Sept 5 th 2007.

    The RFE was responded to....now I was surely out of the ND window last year and technically an IO shouldn't have opened my file...but apparently he did...

    Since I was contacting my local congressman and Senators...I got this feedback that my case is pre-adjudicated but waiting to have a visa number available....but I don't know who to trust...I am just not very hopeful and if 485 ND is the date they go by I have no chance and will miss this opportunity too.

    SoP



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  • dasrik
    07-17 09:50 PM
    Thanks for the IV core team, and all others who helped to achieve this victory. I am just couple of days old member on IV but realized the importance of supporting IV for addressing the issues concerning our immigration community. I also contributed my donation as a token of my support. IV rocks!


    Thanks a lot to all members for being with us in this struggle. We have tasted our first big success this year. Credit goes to each and every IV member. We were all affected by the visa bulletin fiasco and this is our victory. This is a victory for all our members and we must rejoice.

    IV had worked very hard and had been pushing for this in the background. Our flower campaign, rally and other advocacy efforts all came together and helped us at a crunch time. We thank members that sent flowers and also walked in the San Jose heat for 4 hours. All that really shows our commitment to this cause.

    We are happy that our efforts are successful and IV has been able to make a difference. Please also know that during this effort, IV was extremely active and decision makers heard our voice. We cannot give out all the details but what IV members should know is that these efforts should make each one of us proud and what we can do if we have a firm resolve. We were also the first to break this news even before anyone else or media could, and continued to update our members as time passed.

    IV also thanks its contributing members and it is because of their contributions we were able to continue this effort. Many thanks to the members that are contributing now after this good news.

    Please continue your support for this organization and be an integral member of this ever growing community, so that this journey can continue and we can end retrogression and have immigrationvoice as our voice.

    Team IV





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  • frostrated
    08-11 11:59 AM
    EB3 quota for this year was exhausted a long time ago. We are not going to see any overflow into EB3 until EB2 has unused visas left at the end of the FY year. Letz just hope that the date moves forward when the new quota starts next month. It was Nov 2001 before it became unvailable. Now that they have quite a few pre-adjudicated applications, they should be able to better forecast the dates it needs to move when the new fiscal year starts. Or, they might just move the date to Jan 02. Letz see in another month what the future says.



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  • tomatocup
    04-13 09:00 AM
    Anyone here under regular cap (65,000) got the "Receipt Notice"?





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  • willigetagc
    08-22 08:20 AM
    at some point the visa numbers are going to be all used up. The lucky ones would get their GC by then and the others will have to wait for a few months.

    Why worry over it? The line only gets shorter and shorter and everybody will get their turn sooner than later.

    As long as they don't waste any visa numbers, there is no need for any worry. Even their random processing order does not bother me that much, because demand for EB2 will be less than supply next year. Its time for EB3 to fasten the seat belts....



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  • gsc999
    09-08 12:23 AM
    Guys & Gals,

    Let no one take you for granted. Stand up now for what is important to you.
    It is time to debunk all the negative myths about the high skilled legal immigrants.

    Be part of this historical event which will go down as a memorable story in the
    legal immigrant community. Be part of this amazing experience.

    Yes, you could always watch the rally on TV but its time to book the air ticket,
    take the bus or just take your car out for a long drive. Bring along your family,
    spouse and friends.

    Yes, together we can do this. See you in DC.





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  • shiankuraaf
    03-06 08:29 PM
    Please let me know the mode of payment once it is decided.



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  • seekerofpeace
    08-26 03:46 PM
    JSB,
    You are right.....even if EB2 PD becomes current and it takes 3 years for TSC dates to move forward to our ND dates....we are not going to have approval before then. So my earlier logic that being current on the basis of PD is meaningless unless you have ND which is current.

    You rightly said that there are thousands of applicants with ND prior to you and they will be handled prior to your case............unfortunate but that is true.....and ofcourse preadjudication is a myth as usual...

    SoP





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  • rani77
    02-07 12:14 PM
    Did anyone has got their names changed from the new york embassy.

    scenario is as follows:-

    Given name has both first name and last name
    surname is empty.

    I want to get it changed and on the embassy website, they are asking for an affidavit.
    Anyone who has gone throught this process can they please share their experience and information.

    Thanks a lot.

    I would suggest you ask your father to file a writ petition in High Court or Lower Court , my husband did the same for a minor change in his father's middle name.I presume you are indian and Indian authorities have not changed they require a beat down in court then only they work that's my firm belief. In our case it was a simple case my father in laws middle name was misspelt, we had all the evidence they required
    school leaving,college leaving,birth certificate,PAN card.
    Passport of my father in law where my husband travelled as minor.
    Plus we got a letter from District Magistrate/Collector
    But still Washington embassy would not budge or entertain our application saying this mistake was not by them and i approach passport authorities in india who had done this .
    Finally my husband had enough and my father in law filed a petition in Lower court ,it took a couple of months to get the facts straight ,but it was quicker than we expected. Got a court order attched to application got the correction done.
    the problem is we dont approach the law thinking it is headache but the fact is that the issues was not corrected at the right time so we will have get the facts verified by someone credible and who better than law to verify.
    And the plus is that no one can refuse your appication and give u the run around ( that you are facing now get this doc get that doc)
    as if the consulate does not follow the order it is contempt of court or they can file an appeal against the order . My suggestion would be to go thru courts because the procedures for changes are not crystal clear





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  • needhelp!
    11-19 12:03 PM
    I mean who want to give < 100
    What if you could bring forward two or three other friends and together experience the joy of giving.





    santiwar
    03-08 12:57 PM
    I should look before i type :-). Or get a coffee before i log on to the net.





    eb3_nepa
    08-25 03:18 PM
    http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf

    Jesus Christ, this took some finding!!



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