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  • ramus
    07-06 05:24 PM
    07/06/2007: Temporary Restrain Order of July Visa Bulletin Lawsuit Filed in the U.S. District Court for the Northern District of Illinois as Separate from AILF Class Action

    On July 6, 2007, the attorneys of Azulay, Horn & Seiden lawfirm filed this lawsuit individually in Illinois.


    From OH




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  • gc_on_demand
    06-10 10:00 AM
    There is a chance of EB1 & EB2 ROW spillover :D

    US bulletin is out too:

    http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html

    EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

    There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)

    Based on the informaiton available, it was been determined that the demand from �All Other Countries� for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.

    It should be noted that the Employment Second preference category is "Current" for all countries except China and India. If at any point it appears that demand from �All Other Countries� would utilize all available numbers, then an adjustment would be made to the China/India cut-off date. Therefore, providing the unused numbers to China and India in no way disadvantages applicants from any other country, and helps to insure that the worldwide annual limit can be reached.

    EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY

    Demand for numbers, primarily by USCIS for adjustment of status cases, will bring the entire Employment Third preference category to the annual numerical limit by the end of June. As a result, this category will become �unavailable� beginning in July and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and Employment Third preference availability will return to the cut-off dates established for June in October, the first month of the new fiscal year.



    Dont dream .. Out of 140k it can be max 10-20k unused nos. Will it be useful for half million applications ???




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  • pathiren
    07-22 03:19 AM
    I posted couple of posts, put down a database for everyone to enter their information and an interesting poll on our SoCal yahoo groups. Please join hands to make our voice louder. Here's the link again:

    http://groups.yahoo.com/group/SC_Immigration_Voice/




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  • Sakthisagar
    02-24 08:40 AM
    Hi Folks,

    I am here for the past 10 years, 2003 I changed my H1 company and they applied my GC on EB3 , and again I missed the 2007 fiasco. because my Mother was ailing and have to rush to our Mother land India, and I lost my Mother too. Unfortunately last time when I applied for the H1 extension on Sept 2009, they were just implementing the client Relationship stuff without any notice, I could produce the client letter and agreement even though my I-140 is approved, they gave only 1 year extension, this Sept 2010, I again have to extend my H1,if I did not get my EAD by that time.

    In this times, two things are possible, One is a CIR, introduced in Senate and it passes with necessary vote, at this political situation it is most unlikely, and also if CIR fails then all our legal immigration will be passed as piece meal amendments. and the Visa recapture happens, Otherwise President, Senate and Congress together should know the situation we are all in and they take a decision on EB category, mind you, Legal immigration is blocked politically by Illegal Immigrants!. or USCIS should feel the back log reason, because of the 2000 amendment all our people back home coming as familes (nothing against them! everyone moves to greener pastures and good opportunity). In US, even if we are the most highly educated, all these carrer hike and promotion stuff goes by business situation, and as we all know US is still on recovery phase as far as economy is concerned, So be patient at least this year or next year some good news for all of us. Praying for all here in this situation. This is not a Problem, this is a Situation, even this will Pass away.

    May GOD Bless



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  • honeyB
    01-23 02:25 PM
    AP filed on august 16th still waiting for approval




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  • santb1975
    05-30 12:42 PM
    We really need to



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  • conundrum
    04-30 11:06 AM
    does the new 180 days rule apply to these numbers if they are not counting the ones stuck in name check?




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  • jvordar
    07-18 06:29 PM
    guys, USCIS agreed to accept all the application but they do not have any visas to adjudicate the application... so they'll only enter the information in their database based on PD and when the date becomes current for the PD thats when they start processing the application... so nothing will be changed in terms of order of processing.. this change will only help us getting EAD/AP...



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  • kevinkris
    05-23 03:07 PM
    Toppp




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  • lonedesi
    08-11 12:56 PM
    Hi All
    I am sorry if I post this in wrong place. I dont know how my EB2 I140 approved in 2 months.did any body get approved like this?

    Congrats. You are one of those lucky ones. Be thankful to USCIS that you got your I-140 approved so fast.



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  • cooldude0807
    11-26 11:22 AM
    Which means that EAD is much safer than H1b. Then why are Attorneys insisting on the opposite (H1b against EAD?)

    If this is confirmed news, i will revisit my blog and make changes

    __________________________________________________ __
    I think they prefer for us to be on H1 rather than on EAD because its easy to travel in & out of the country if you are on H1. If you use EAD then one has to use travel doucments which technically is to be used in an emergency. This is just my opinion!!




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  • jayleno
    09-15 04:30 PM
    Buddy,
    If a majority of members on IV are not in support of your idea, would you agree that its not fair to organize these kind of things on IV forum? I can imagine how hard it was for the people to bring this organization to this stage. While you haven't contributed much, you are trying to break it up for your own selfish reasons. God knows if you will really benefit anything out of this. How different are you from anti-immigrants who claim that immigrants are stealing American jobs?
    Can you change the poll to include EB2 people who do not intend to support you idea? You say a number of people are supporting you...and 6 is a number? What is the percentage?

    I have not raised anything yet. We do have a number of members ready to support. We are getting there. People, please come forward. Lets get this thing going.
    Send me a PM if you are not sure about posting on the forums here.



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  • manishs7
    07-15 09:46 PM
    Newport Beach, Orange County......




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  • pt326bc
    10-01 12:26 PM
    Last week I went to Trenton with H1 extension receipt (original), letter from employer, but in vain. They need approved docs. Luckily this week I got the H1 extended and today I carried the original approved H1 I-797A and got the DL extended. I got only 2 years H1/DL extension after 6 year completion with I-140 approved and 485 in progress. Fyi
    Why 2 years and not 3 years when USCIS regulations allow for 3 year extension if I 140 is approved and PD is not current? Did you specifically request 2 years?
    Regards.



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  • gctest
    09-14 02:40 PM
    Well ...well ..well.... All this opposition tells me that I am on the right track along with all the people who support this cause.

    Infact, we had seen similar opposition when we spoke against labor substitution in 2004 on immigrationcom website.
    But labor substitution was stopped and DOL is currently auditing/investigating so many who used it. If you used labor substitution, you mostly should find that your I-140 is not getting adjudicated these days.

    Interfiling while being the same company is totally illegal. Its tantamounts to fabricating the job requirements or asking you HR to "create a job position".

    I whole heartedly support all EB3s who were qualified for EB2 when they filed their EB3 and we will keep this clause in mind when preparing the lawsuit.

    Rest.. good luck.. you might even get your I-140 (or GC) approved based on PD porting ... but we will make sure that you get investigated eventually and the "incorrect decision" overturned.




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  • Keeme
    03-04 12:46 PM
    Forgot to mention, my attorney did state that their office received an approval 2 weeks back whose priority date was not even close to current. She did not share the specifics.

    I just checked my online status and it doesnt have any updates since 2007, states its received and pending... Not sure how current is the online info.

    I also learned from my attorny office that a case with out having PD current was approved. Will get specifics today on that case.



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  • mirage
    04-01 02:45 PM
    C�mon boy I�m not asking to make Steve miller their VP operation and use that million dollar in grants to fund that project. What I�m asking is �can you tell us how many applications you received of which chargeability and in which EB categories� and assurance that they will issue EADs and APs in less than 90 days. To ask this you don�t need citizen rights you are asking a public agency a service which they are supposed to provide and they are charging us to do that� I'm not saying we don't have rights, but what you are asking are the internal workings of a government agency.

    You can't even vote. You can't even just change employers without hassle. You can't even just leave the country and come without proper documents. You can't even apply for a student loan. You can be deported any time you have a problem. You can't even renew your driver's license without showin proof of proper residency.

    Even with GC your rights are still not as good as a US citizen.

    Yes we do have rights.

    But the government is only answerable to a certain level. You cannot ask for information of the internal workings of a government. That's not going to happen.




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  • chanduv23
    05-14 02:19 PM
    Sorry about the pain. if you haven't noticed, I think aftr your previous employer revoked the I-140, they went ahead and updated that to 'denied' status and apparently the date did not change. so the same day that your 140 was approved now shows as denied. Bring that to their notice and they may see their mistake.

    Good luck.

    that is not possible. That would mean - someone must modify it at a database level in the backend and I don't think manipulating is possible or permissible. Manipulating such data is a crime and it is seriuos security breach of the system and if the agency is manipulating backend data - it is a serious issue.

    I understand that we all start to think cynical when such things happen.

    Based on the massive level of AC21 denials when employer revokes 140 - we are not sure what is going on.




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  • narayan_id
    01-05 01:09 PM
    Certified Labor

    Hi guys here my details,
    EB3 RIR
    PD Oct 13th 2004 , WV
    State labor cleared -WV- Jan 31st 2005
    45 day ltr recd 2nd aug 05 replied 4th aug 05
    Status certified as of Jan 4th 2007
    ETA# P-05117-7xxxx

    Best of luck to all.




    thomachan72
    06-04 01:13 PM
    why not ? 140 and 485 can be filed at same time if dates become current.
    Thats exactly what I asked. How come your dates are current? Is your PD 2005? Just curious because if your LC was obtained recently, how could your PD be so early to become current? Now this is only a problem for countries like Indian and China. For the rest of the world everything is current I guess. Good for you anyway.




    ars01
    03-12 04:45 PM
    Just got the email that Card Production Ordered. I hope it means the GC has been approved. Do any of you know of any situation like this?



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