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  • msp1976
    12-20 05:17 PM
    Hello IV and its core members,

    INA 202 (a) (3)

    �Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a-Family category) and (b-Employment category) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter�.
    Therefore, the 7% country cap had always been �soft� till year 2000.

    After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.

    After 2000 (After AC21) the following law was added to INA in the section 202.

    INA 202 (a) (5) (A)
    EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.





    The devil is in the details....What do they determine during the year that there are additional visas available ??? In that question lies the whole issue...
    The state dept. would not give the number usage statistics until the year has ended..The laws say something...the Babus in Washington interpret it in their own way and donot explain anything....How do you make them tell their interpretation ????





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  • sunny1000
    05-30 10:18 AM
    I applied on May18 for I-140 and will be applying to I485 soon.. and would get EAD...so what happens to EAD and AP...I cant beleive they are
    waste..Probabaly people with pending I-140 will be subject to the new systems..??..what do you guys think??..Its not pratical to drive people down the Queue again..

    Nothing will go th waste until this bill becomes the law. After that, you still have another year or more before the points system kicks in. It is when they start the points system (oct 2008) when they will look into this dreaded date of May 15 2007 and decide on people's fate. Until then, keep doing what you are doing.





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  • pointlesswait
    11-19 02:28 PM
    a self serving proposal..

    MS is just a pretext for many who are here. MS is worthless if you are a software engineer.. you don't need MS to be coding in Java or .NET...

    MS from some vague sidey backstreet community college cannot be compared to MS from other better off schools.

    your proposal is distracting from the main agenda. CIR or other relief measures.







    In the same lines as H1B, could we look into if its possible to add a quota for US Masters degree holders irrespective of country of birth for green Card also. This would be in addition to the existing Employment based quotas.
    Does anyone know how they added 20k H1B quota for Masters degree holders? Who sponsored that bill? May be we should talk to the same people.

    I would think there would be a little less resistance for this? This would ease the pressure on both EB2 and EB3.

    I dont know if this has been previously looked at. I know there were talks of excluding these people from quota all together.





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  • tcsonly
    07-19 03:25 PM
    you can get medicals in 2 hours.

    Not sure if this is chicago/pittsburgh.

    your only option is to find out by calling all numbers in chicago and pittsburgs.

    People have flown in from various locations into chicago and got medicals in 2 hours.

    also, ask your wife to get the immunization record of mmr and tetanus.

    that will make your life easier.

    x-ray is mandatory.

    people, this is a fact.


    x-ray is not a must and it's need only if the skin test result is +ve.



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  • wikipedia_fan
    04-09 03:11 PM
    Does this mean that an MTR filed without the filing fee is automatically considered an appeal?

    I don't think so. For an appeal - those boxes must be checked. Once again - I might be wrong.

    Sometimes they return the forms back saying - please file it with a fee - sometimes they keep it - WE DONT KNOW





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  • mayhemt
    05-15 09:42 AM
    Nice to see one politician who makes sense..

    A good interview with Eric Schmidt (google CEO):
    http://www.youtube.com/watch?v=hJdlkzWMww0

    She has amazing views on Civil Liberties, Immigration, Human rights, Energy Environment..



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  • lazycis
    02-28 01:49 PM
    Can you please let us know the URL for the latest name check FAQ posted today.

    http://boards.immigrationportal.com/attachment.php?attachmentid=17312&d=1204204596


    Questions & Answers
    BACKGROUND CHECK POLICY UPDATE
    Q1. What applications are affected by this policy change?
    A1. Applications included in this policy are:
    • I-485, Application to Register Permanent Residence or Adjust Status;
    • I-601, Application for Waiver of Ground of Inadmissibility;
    • I-687, Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act; and
    • I-698, Application to Adjust from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603).

    Q2. How has USCIS changed its national security requirements?
    A2. USCIS has not changed its background check policies for naturalization applications. Recently, the agency did modify its existing guidance for certain applications (see above) where the immigration laws allow for the detention and removal of individuals if actionable information from a FBI name check response is received after approval. No application for lawful permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. (Please refer to the USCIS Immigration Security Checks fact sheet on the USCIS website for more information.)

    Q3. How has USCIS changed its adjudications requirements?
    A3. For these forms, including applications for lawful permanent residence, USCIS will adjudicate the application based on all required evidence outlined in applicable law and regulation if the application is otherwise approvable, outside of normal processing times, and the FBI name check request has been pending for more than 180 days.
    (more)

    Q4. What happens if USCIS later receives adverse information from an FBI name check?
    A4. In the unlikely event that Department of Homeland Security, (DHS) receives actionable adverse information from the FBI name check after the application is adjudicated, DHS may detain the applicant and initiate removal proceedings.
    Q5. Why is this policy being implemented?

    A5. This policy change responds to a 2005 DHS Inspector General recommendation that USCIS better align its background check screening policies with those of U.S. Immigration and Customs Enforcement.

    Q6. Is this policy consistent with the national security priorities of USCIS and the Department of Homeland Security?
    A6. Yes. Applications for lawful permanent residence will not be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. In addition, in the unlikely event that DHS receives actionable adverse information after the application is approved, removal proceedings may be initiated.

    Q7. How many applications for lawful permanent residence are immediately affected by this policy change?
    A7. USCIS is aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but have an FBI name check pending. A portion of these cases are both outside normal processing times and have an FBI name check that has been pending for more than 180 days. These cases will be subject to processing under the new policy. USCIS anticipates the majority of the cases that can now be adjudicated will be processed by mid-March 2008.

    Q8. Does this policy change affect naturalization applications?
    A8. No. There is no change in the requirement that FBI name check, FBI fingerprint and Interagency Border Inspection Services (IBIS) check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400).

    Q9. How long will it take for USCIS to work through the cases affected by the policy change?
    A9. USCIS has begun identifying cases affected by this policy modification in each field office and service center. Each office will evaluate the pending cases and will adjust their workload accordingly. USCIS anticipates the majority of the cases subject to this policy modification will be processed by mid-March 2008. We recommend customers wait until March 10 before inquiring about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.
    (more)

    Q10. The memorandum identifies I-485, I-601, I-687 and I-698 forms. Is there a plan to include other forms, specifically nonimmigrant and naturalization, in this policy?
    A10. No.

    Q11. Should customers contact USCIS through the 1-800 customer service number or make an INFOPASS appointment to visit their local office if their case is outside of normal processing times and they believe their application meets the criteria of this new policy?
    A11. For pending applications outside of normal processing times, we recommend that customers wait until March 10, 2008, before inquiring about cases affected by this policy modification. This will allow each office sufficient time to identify and adjudicate the relevant pending cases. If no action is taken by mid-March, we recommend inquiring with the USCIS customer service line at 1-800-375-5283. This procedure is for customers who have been previously informed that their case is pending due to the FBI name check. (Cases that are still pending within the processing times will be completed when the related adjudication actions are completed.)

    Q12. Will USCIS automatically notify an applicant to appear at an Application Support Center, (ASC) if his or her fingerprints have expired?
    A12. Applicants will be notified through an appointment notice if new or updated fingerprint checks are needed.
    – USCIS –





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  • abcdalways
    12-20 10:22 PM
    NY consulate is not the greatest but compared to Houston, it is fantastic. Recently I sent my papers for PIO to NY and they took their time but i did get it in 4 weeks time (their website says 2 weeks). I had to make multiple phone calls and if i used the automated system, it would take me to a phone that no one ever answered. If i went through the operator I was invariably forwarded to a wrong department or was told there is no one in the PIO department on that day!! But eventually, I did manage to reach the right person, who told me when to expect the passport and it did arrive in due course. I did send them multiple emails as mentioned at their web page that promised faster responses but till now I have not received any reply till date!

    My friend had to send her papers to the consulate in Houston and it is absolutely horrible. Firstly, no one ever answers the phone at any of the listed numbers. An automated response asks you to wait in line and then after an extended duration, you are bumped back to the start of the line. No one replies to emails. Then they send back your passport on flimsy grounds without giving proper reasons. When you send it back, they find a new reason to send it back as my friend had to endure. Eventually, she had to find an 'agent' who charged her $1100 to get her PIO card which he did within a day. When asked to give the breakup of the costs, he said he has to bribe people in the consulate to get the job done.
    So this in essence is the real reason why no one answers the phone in Houston or people are given the run about ..corruption. They want you to use the services of these agents who in turn bribe them and get the work done.
    NY consulate is slow and tardy but Houston is corrupt, probably all the way to the top. Unfortunately, there does not seem to be any way to address these issues!! somewhere i saw a petition doing the rounds on the web complaining about the Houston consulate but I doubt if it will change anything.



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  • belmontboy
    12-01 03:49 PM
    Waitime tracker for my PD says june 2028.

    The numbers in backlog data report show a rosy picture.

    Which one to believe??





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  • mhb
    07-06 06:45 PM
    Contributions go well with congratulations...
    PLEASE, GO TO WANDTV.com and the synopsis of the interview has been posted there. it will be broadcast nationally tommorow!!!



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  • roseball
    07-27 09:52 PM
    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=7474050822&m=3411020351&r=4691050351#4691050351

    Not sure if nasir is bluffing...But a July 9th filer getting a receipt b4 the rest (July 2nd - July 8th) --- Something fishy isnt it?

    Here is the content from the post on murthyforum, doesn't make any sense to me. Checkout text in bold...:confused:

    Application Received on : 07/03/2007
    Agency : Nebraska
    Status : Delivered on 07/09/2007 :confused:
    Case: EB3-India Jan 2004
    Returned/Rejected : Accepted, got Receipt # LIN xxx-xxx-xxxx.





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  • 485Mbe4001
    07-08 04:25 PM
    why single out one guy, he is doing what is good for him. What do you expect if the even people registered on this site are not willing to do do something to help themselves. The attidude is i have EAD/AP i am free or I am EB1/2 its just a matter of time till i get the GC. Even the politicians are using us for their own agenda and to score political points.


    Just to add to your description of indians, We have people like Bobby Jindal of indian origin who doesnt care about his own roots and his own people but would do anything for his own selfish political career.(Even change religon and change name). Shame on you Mr Jindal.



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  • willwin
    02-20 01:33 PM
    As everyone knows that AOS for those who already in US and CP is for those who are outside US (theoretically). It is a personal choice for a person in US to file either 485 or opt for CP. The reason for CP was a popular choice due to 485 processing delay between 2001 and 2005. Between 2001 and 2004 all EB categories were current for all countries. No one heard of term retrogression in that period. No one was worried about EB2 or EB3. However due to severe processing delay (partially due to increased security check due to 911) in 485 applications during that period, it was taking about 2 years for 485 approvals. During those entire 2 year period visa numbers were current and did not fluctuate as it is happening now. Therefore people opted to go for CP, as US consulates in abroad were not busy. They scheduled the interview right away as PD was current for all categories, during that 5 year period. That�s why CP was popular choice that period. Now, in the retrogression climate and continuous fluctuation in PD (back and forth movement), opting CP is a blunder mistake. Furthermore, now (at least before July 2007 fiasco) 485 approvals are so fast. If PD was current, USCIS was approving 485 with in 2 months before July 07. Therefore one should not even think about CP, if already in US unless if you are in EB1 or EB2-ROW category. Therefore 485 is the only option available to enjoy subsidiary benefits like EAD/AP/AC21. If any one already filed CP, to switch back to AOS they must wait till visa number available to their PD again. It will be a long road, and it complicates. As already mentioned, there is no technical ground to award EAD/AP for CP persons if already in US. If IV goes and talk to USCIS, they will laugh. To achieve same result, one can lobby for administrative fix like awarding EAD/AP for a person whose 140 was approved and legally present in the US in a valid non-immigrant status. This may be possible.

    Ramba, I agree with you for the most part.

    Well, there are CP filers with PD as back as 2003 (not sure if there are any 2001/2002 filers left) and these people were not aware that in July 2007, DOS/USCIS would open the flood gates and put them in this plight.

    Imagine this, if DOS/USCIS had not made the PD current for everyone during 2007, what do you think the 485 filers would be doing now? They would have had approved I140 or they would have filed one, but what more? Will be just waiting for PD to become current. When it becomes current (say after 2 years), the actual processes (of going through name check, USCIS delay, FP etc) start and may take atleast a year going forward. But, when PD becomes current, guys in CP queue would get their interview.

    So, it wasn't that CP guys knew this before and still made a mistake - back in 2003!

    Otherwise, I agree, with this unpredictable movement of PD back and forth, 485 would be a safer route with all the changes happening to 485 processes (faster name check, proposed EAD for 3 years etc).

    Your post was highly diplomatic than most of your queue-mates. Appreciate that.





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  • indiangcseeker
    04-23 12:02 PM
    Wrote to White House and to local Senators.



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  • ganguteli
    04-13 10:05 PM
    Its good that you are thinking of ideas but I do not think you know about the reason why we are all here on IV. Here is why.
    #1 You need o spend time on IV and learn about it rather than just coming , opening a new ID and posting a big idea.
    #2 You have not seeing Lobbying in Action. Go see yesterday's 60 minutes and how IRA controls US politics via lobbying
    #3 If charity was the way to get things done, Bill Gates would have been the first to get unlimited H1B visas every year for Microsoft.
    #4 You need to establish your credibility on the forum by contributing so that people take you seriously.
    #5 If you really want to raise $5 million and donate to America it will do nothing. How about raising 5 Million and donating in Africa and feed kids dying of hunger. It is better than investing in education of US kids who are anyways pampered and spoiled by free school education, free transport and free meals.
    #6 Maybe you should do a lottery of $5 million once collected and ask all Americans if they want to win it. You will get more media attention if that is your purpose.

    Now coming to the point of raising 5 million. Forget it man. Desis and Chinese are very frugal. Unless they are in deep immigration problem they will not even give you $5.

    Now tell me how you are going to get email addresses. That is really a big plan. I think you should get those email addresses and give it to IV. But how will you do it? There is no such list buddy.





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  • vjkypally
    11-03 12:22 PM
    I m surprised why this was not discussed with USCIS. Quarterly spill over reduces the waiting time, and also ensures a fair way of doing spillover. If the rules state it should be practiced and it has not been done till now it is something that IV can easily convince USCIS to practice quarterly spillover with its contacts.EB2 I will remain same
    EB3 I will move little bit...

    Hoping for the Jan bulletin if at all any qurterly spillover.....

    some one from Immigration Voice should get the info USCIS regarding thequrterly spillover.



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  • UNFLUX
    02-03 01:16 AM
    the trend continues...

    soul and eilsoe were my favs as well. But, [sigh] I had to decide
    of course. And I did, bravely and valiantly.

    Nice work everyone!

    /unflux
    :goatee:





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  • spicy_guy
    08-02 12:58 PM
    Every employment based immigrant who aspires to settle here in US to realize their American dream for their kids better future like the way you think.. if America doesn't welcome him, he will look for competitive job in some other country where he is welcomed or he will go back to his own mother country... if you don't promote the insource of worlds best talent in to US economy...that job will be outsourced for sure in couple of years...young talents on the other side of the planet are working like rocket scientists with innovative engineering brain to keep their economies rising to reach number one position in the world...if you observe the salaries these days in India and china..they are on par with US jobs and more in some companies..there will be no stand to mentality of the people once they struggle for their existence with the job and other issues in the life...it goes with money mostly......if you think on the other side like if govt welcomes those same young talents who can create jobs and can help US economy to continue its journey with out putting per country limit for in sourcing the talent..:cool:

    If Indian bureaucracy is improved, corruption is drastically reduced and transparency is increased, India is the best place. But will this happen with this corrupt minded, useless and nasty politicians?





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  • delhiguy
    07-06 03:24 PM
    As per the website its brodcasted on these days
    Monday-Friday, 6:30-7 p.m. ET;

    I hope they havent postponed it till monday





    boreal
    01-19 04:08 PM
    I have sent the letter to President as well as IV.

    Sent the letter to the President and IV.





    pady
    08-20 09:32 PM
    No, they stopped responding to my emails from last month.



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