chanduv23
05-15 10:03 PM
For that only I am telling we need to teach a lesson. Take them once to court, and if we can get the judement once in our favour it will nail the coffin. If we lose, some one else try again in different court.
Shan - I totally understand your frustration and where you are coming from. I had the same level of aggression when i first started participated in IV activities and I am sure, a lot of people want to pursue things in an aggressive manner.
But lets calm down for a minute.
The OP initially contacted IV after googling up and came across our threads and I spoke to him. He was frustrated with opening two MTRs and was looking into mandamus.
I requested him to do the following - exhaust all adminisrative procedures first. Contact Ombudsman, Senators, Congressman, try all options.
See - these kind of decisions are not easy and not not everyone understands this stuff.
Once you go to court, it may take a couple of hearings and you will also have the other side arguing their cause.
We must always remember that - we are in a civilised nation and people on the other side are willing to listen and try to resolve stuff in the best way possible
- Lobbying, awareness etc.. are basic principles of IV .
we are not here to teach someone a lesson or fight with someone - we are here because we want our issues resolved and we must work in the best possible way.
Nevertheless - one must know how litigation also works in case that is the only option.
I request people to please share their ideas and thoughts on how to tackle such issues.
Let frustration not dictate your views. I understand that we all want issues to be resolved and get really aggressive on these forums - but lets just relax and think and see what is the best possible solution.
Shan - I totally understand your frustration and where you are coming from. I had the same level of aggression when i first started participated in IV activities and I am sure, a lot of people want to pursue things in an aggressive manner.
But lets calm down for a minute.
The OP initially contacted IV after googling up and came across our threads and I spoke to him. He was frustrated with opening two MTRs and was looking into mandamus.
I requested him to do the following - exhaust all adminisrative procedures first. Contact Ombudsman, Senators, Congressman, try all options.
See - these kind of decisions are not easy and not not everyone understands this stuff.
Once you go to court, it may take a couple of hearings and you will also have the other side arguing their cause.
We must always remember that - we are in a civilised nation and people on the other side are willing to listen and try to resolve stuff in the best way possible
- Lobbying, awareness etc.. are basic principles of IV .
we are not here to teach someone a lesson or fight with someone - we are here because we want our issues resolved and we must work in the best possible way.
Nevertheless - one must know how litigation also works in case that is the only option.
I request people to please share their ideas and thoughts on how to tackle such issues.
Let frustration not dictate your views. I understand that we all want issues to be resolved and get really aggressive on these forums - but lets just relax and think and see what is the best possible solution.
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axp817
11-25 04:00 PM
A general question - Is it normal to see LUDs on the 485, approved 140, approved 765/131 a few (3) weeks after sending AC21/G28N documentation in?
I changed employers about a month ago (140 approved, 485 pending more than 180 days), and the new company filed AC21 on Nov 3. I saw a soft LUD on my 765, 131, 485, 140 yesterday (Nov 24) and another soft LUD on just my 485 today (Nov 25). I wonder if these have to do with the AC21 and G-28N updates or if it is a sign of I-140 revocation and I should expect a 485 denial soon?
Any response will be highly appreciated.
Thanks,
I changed employers about a month ago (140 approved, 485 pending more than 180 days), and the new company filed AC21 on Nov 3. I saw a soft LUD on my 765, 131, 485, 140 yesterday (Nov 24) and another soft LUD on just my 485 today (Nov 25). I wonder if these have to do with the AC21 and G-28N updates or if it is a sign of I-140 revocation and I should expect a 485 denial soon?
Any response will be highly appreciated.
Thanks,
baburob2
03-16 11:23 AM
oops.
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hazishak
07-19 01:33 PM
Not necessarily. Here is a hypothetical scenario:
PersonA = PD of May 30th, 2003 and RD of June 15th, 2007.
Assume that an additional 150,000 I-485 applications were filed petween PersonA and PersonB
PersonB = PD of May 15, 2002 and RD of July 15th 2007.
USCIS starts pre-adjudicating cases based on Receipt date. Assume that by October 1, 2007, they have pre-adjudicated PersonA plus 9,000 of the 150,000 applications and haven't reached PersonB's application yet (they go by RD).
Assuming that the visa cutoff date in Oct, 2007 bulletin is June,2003 making both PersonA and personB current:
PersonA (PD of 2003) will get a visa number and get the case approved while PersonB (PD of 2002) with an older priority date will have to wait a while because his case hasn't been touched by USCIS yet due to the additional 150,000 filings in between that have to be pre-adjudicated first based on RD even if they have 2004/2005/2006/2007 priority dates!!
.
Since both A and B were current at the time of AOS approval. Person with earlier RD will take precedence. however if the cut off date were April 2003, person B will get the visa.
PersonA = PD of May 30th, 2003 and RD of June 15th, 2007.
Assume that an additional 150,000 I-485 applications were filed petween PersonA and PersonB
PersonB = PD of May 15, 2002 and RD of July 15th 2007.
USCIS starts pre-adjudicating cases based on Receipt date. Assume that by October 1, 2007, they have pre-adjudicated PersonA plus 9,000 of the 150,000 applications and haven't reached PersonB's application yet (they go by RD).
Assuming that the visa cutoff date in Oct, 2007 bulletin is June,2003 making both PersonA and personB current:
PersonA (PD of 2003) will get a visa number and get the case approved while PersonB (PD of 2002) with an older priority date will have to wait a while because his case hasn't been touched by USCIS yet due to the additional 150,000 filings in between that have to be pre-adjudicated first based on RD even if they have 2004/2005/2006/2007 priority dates!!
.
Since both A and B were current at the time of AOS approval. Person with earlier RD will take precedence. however if the cut off date were April 2003, person B will get the visa.
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Jimi_Hendrix
11-21 10:49 AM
Time: 3pm
Conference Dial-In: (712) 432-3000
Conference Bridge: 227974
Topic for Discussion:
� Organizing teams for meeting recently elected politicians
� Create a presentation/script before meeting congressional representative�s office
� Call the congressional person to organize a meeting
� Possible opportunities to create a booth for signing up IV members
Conference Dial-In: (712) 432-3000
Conference Bridge: 227974
Topic for Discussion:
� Organizing teams for meeting recently elected politicians
� Create a presentation/script before meeting congressional representative�s office
� Call the congressional person to organize a meeting
� Possible opportunities to create a booth for signing up IV members
swo
07-20 06:47 PM
thats one way to look at it. The other way to see this is that:
- given enough people making noise its possible to get DOS/USCIS to make changes and fix things. this has now been proven.
-there is a lot more visibility for EB related issues now, so much better chance of recapture or exemption for spouses from VB calculations etc.
- instead of focus being on filing 485 without visa numbers (which is what IV focussed on for a while) everyone will now focus right at the root of the problem. All 500K are now focussed on solving the main issue.
My friend, there is validity in what you say. I think there is a general shortage of visas, period. That is the root of the issue. However, we did know that going in. So when we get stuck in that situation we have to remember to distinguish between calling for change and demanding it.
Also, with all due respect to IV, I think the thing that most likely led to the USCIS turnaround was not our voices, but rather the fact that a law suit would have revealed SERIOUS rule breaking - particularly with regard to issuing of visas to non-security cleared people. I think the USCIS's fear of dealing with a) discovery during court proceedings and b) potentially huge finanicial damages, were the main motivating factors to the turnaround.
There is no doubt though, that the voices of immigrants did make a difference.
By the way, this morning I wrote to both Senators Cornyn (for) and Clinton (against) in response to their amendment votes yesterday. I thanked him from trying to bring relief and urged her to show more bravery in solving the crisis at a future opportunity. I urge you all to do the same.
- given enough people making noise its possible to get DOS/USCIS to make changes and fix things. this has now been proven.
-there is a lot more visibility for EB related issues now, so much better chance of recapture or exemption for spouses from VB calculations etc.
- instead of focus being on filing 485 without visa numbers (which is what IV focussed on for a while) everyone will now focus right at the root of the problem. All 500K are now focussed on solving the main issue.
My friend, there is validity in what you say. I think there is a general shortage of visas, period. That is the root of the issue. However, we did know that going in. So when we get stuck in that situation we have to remember to distinguish between calling for change and demanding it.
Also, with all due respect to IV, I think the thing that most likely led to the USCIS turnaround was not our voices, but rather the fact that a law suit would have revealed SERIOUS rule breaking - particularly with regard to issuing of visas to non-security cleared people. I think the USCIS's fear of dealing with a) discovery during court proceedings and b) potentially huge finanicial damages, were the main motivating factors to the turnaround.
There is no doubt though, that the voices of immigrants did make a difference.
By the way, this morning I wrote to both Senators Cornyn (for) and Clinton (against) in response to their amendment votes yesterday. I thanked him from trying to bring relief and urged her to show more bravery in solving the crisis at a future opportunity. I urge you all to do the same.
more...
HopeSprings
12-16 02:35 PM
I have been intending to post this for a while: I still have major doubts on the predictions made by DOS. We all are grateful to them to at least do an effort to provide such predictions, but things don't add up.
It is everyone's understanding that these predictions are based on the information about "preadjudicated applications" from USCIS. Now if you look at the total number of preadjudicated applications from what USCIS has published, it seems that PD (for EB2 India) will move to at least to 2007 if not 2008 by the end of fiscal year 2010. There are no new 485 filings (except for EB1 and EB2 ROW) and unless there is a "HUGE" increase in these categories, there is no other way to explain the basis for these predictions.
Someone else mentioned in this thread about the large number of filings in 2005 due to PERM, but remember, this should already be accounted for in USCIS's preadjudicated numbers.
So either these DOS predictions are some form of scare technique, or too much conservative estimate (so as not to disappoint people) or there is a missing piece of information that we have no clue about.
In any case, I do not claim to be a "better predictor" than DOS; but reality is that all these are pedictions and we have to wait till July-Sept 2010 to find out the truth.
Hoping for the best....:)
I agree with you. I think USCIS has made a conservative estimate, most likely, based on past spillover numbers. However, situation is little different this time. With the bad economy, there were less number of PERM applications filed in FY2009 that will claim visa numbers in FY2010. Also, with DOL taking ages to approve new PERM applications, there will be less applicants, that filed PERM this FY, claiming visa number. Thus, there will be lot more spillover this time than previous years. IV has taken this into consideration while doing its math but we cannot expect the same from USCIS. I think EB2I should at least move till mid if not till 2008.
It is everyone's understanding that these predictions are based on the information about "preadjudicated applications" from USCIS. Now if you look at the total number of preadjudicated applications from what USCIS has published, it seems that PD (for EB2 India) will move to at least to 2007 if not 2008 by the end of fiscal year 2010. There are no new 485 filings (except for EB1 and EB2 ROW) and unless there is a "HUGE" increase in these categories, there is no other way to explain the basis for these predictions.
Someone else mentioned in this thread about the large number of filings in 2005 due to PERM, but remember, this should already be accounted for in USCIS's preadjudicated numbers.
So either these DOS predictions are some form of scare technique, or too much conservative estimate (so as not to disappoint people) or there is a missing piece of information that we have no clue about.
In any case, I do not claim to be a "better predictor" than DOS; but reality is that all these are pedictions and we have to wait till July-Sept 2010 to find out the truth.
Hoping for the best....:)
I agree with you. I think USCIS has made a conservative estimate, most likely, based on past spillover numbers. However, situation is little different this time. With the bad economy, there were less number of PERM applications filed in FY2009 that will claim visa numbers in FY2010. Also, with DOL taking ages to approve new PERM applications, there will be less applicants, that filed PERM this FY, claiming visa number. Thus, there will be lot more spillover this time than previous years. IV has taken this into consideration while doing its math but we cannot expect the same from USCIS. I think EB2I should at least move till mid if not till 2008.
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ind_game
05-18 03:05 PM
Those continuous LUDs are pre adjudication processes - means your name check status, other statuses. FP etc... are all processed.
ANOTHER UPDATE
I just spoke to Congressional office and this is what she has to say:
Quote"""""""""""
I just spoke with our liaison at the Nebraska office and she confirmed that your motion to reopen was approved on Friday (05/15/2009). That, I am told, means Nebraska agrees to re-examine your I-485 denial and a decision should be forthcoming within 60 days. I suggest that we wait to see what that decision is before our office initiates any formal inquiries with the USCIS Nebraska Director.
""""""""""""""Unquote
But she agreed that my second MTR might have been on sidelines and the congressional office inquiry into the matter could have influenced USCIS to review my case ( probably with a supervisor) immediately. She told me that she would put another inquiry with NSC in 4 weeks if nothing comes up. Finally we have decided to forgo (just for now) the process of writing letter to the NSC Director as it might not add much weight to the process, as congressional office would be repeating the same argument that my Attorney has made regarding the AC21, which a supervisor is already looking at.
I have already waited for 3 months. Another 2 months might take its toll on my emotional drain.
God save AC21............
ANOTHER UPDATE
I just spoke to Congressional office and this is what she has to say:
Quote"""""""""""
I just spoke with our liaison at the Nebraska office and she confirmed that your motion to reopen was approved on Friday (05/15/2009). That, I am told, means Nebraska agrees to re-examine your I-485 denial and a decision should be forthcoming within 60 days. I suggest that we wait to see what that decision is before our office initiates any formal inquiries with the USCIS Nebraska Director.
""""""""""""""Unquote
But she agreed that my second MTR might have been on sidelines and the congressional office inquiry into the matter could have influenced USCIS to review my case ( probably with a supervisor) immediately. She told me that she would put another inquiry with NSC in 4 weeks if nothing comes up. Finally we have decided to forgo (just for now) the process of writing letter to the NSC Director as it might not add much weight to the process, as congressional office would be repeating the same argument that my Attorney has made regarding the AC21, which a supervisor is already looking at.
I have already waited for 3 months. Another 2 months might take its toll on my emotional drain.
God save AC21............
more...
loudobbs
09-10 09:25 AM
meant to say not illegal immigrants....:o:o
and i am NOT the real Lou Dobbs. But in all seriousness guys, I think we really have to wake up. We are not illegal immigrants....
And we are not asking for Amnesty...
There is no deying the fact that this country has benefited from us much than us. How about some moral abligation and sense of fairness from this great country???
and i am NOT the real Lou Dobbs. But in all seriousness guys, I think we really have to wake up. We are not illegal immigrants....
And we are not asking for Amnesty...
There is no deying the fact that this country has benefited from us much than us. How about some moral abligation and sense of fairness from this great country???
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gaz
09-12 12:10 PM
three different ways of doing this
1) use a provider - http://www.balloonsbymail.com/
2) leave it to an act of God - http://en.wikipedia.org/wiki/Balloon_mail
3) hold a balloon protest (eg. http://washingtonsquarepark.wordpress.com/2008/03/14/report-back-from-washington-sq-park-balloon-protest-313/)
4) others?
Thats is also not a bad Idea. But how the logistic will work. i,e how we will inflate and deliver those balloons
1) use a provider - http://www.balloonsbymail.com/
2) leave it to an act of God - http://en.wikipedia.org/wiki/Balloon_mail
3) hold a balloon protest (eg. http://washingtonsquarepark.wordpress.com/2008/03/14/report-back-from-washington-sq-park-balloon-protest-313/)
4) others?
Thats is also not a bad Idea. But how the logistic will work. i,e how we will inflate and deliver those balloons
more...
snathan
08-24 12:16 AM
Context is everything
And people here are scolding and ranting against the program, not "loophole". But why even fight against the so-called loopholes? Don't we have anything better to do? Visa recapture is a much more worthy goal
And BTW, a 30k salary doesn't matter for executives. Jerry Yang works for $1 a year, so does it mean he is not eligible? And what about the executives working for free for a noble cause? Not everyone is money-minded, and they may choose their goals and priorities
You made my day....but you can do better. Come up with somthing make sense.:D
I never knew all these so called multinational executives work for noble cause...hilarious
And people here are scolding and ranting against the program, not "loophole". But why even fight against the so-called loopholes? Don't we have anything better to do? Visa recapture is a much more worthy goal
And BTW, a 30k salary doesn't matter for executives. Jerry Yang works for $1 a year, so does it mean he is not eligible? And what about the executives working for free for a noble cause? Not everyone is money-minded, and they may choose their goals and priorities
You made my day....but you can do better. Come up with somthing make sense.:D
I never knew all these so called multinational executives work for noble cause...hilarious
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eb3_nepa
07-06 12:13 PM
They are covering their STINKIN A**
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chanduv23
11-17 05:16 PM
Update: Googling and found the muthy forums thread what I was mentioned earlier.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=3031070961
some ppl reported succssfully renewed EAD, AP while appeal to 485 denial was pending.
Desi we definitely need to get clarification on this. Can you post a message with interpretations from differnet lawyers? Maybe we can get more people to ask their lawyers like Fragomen, Shusterman, Siskind ..... we will then match.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=3031070961
some ppl reported succssfully renewed EAD, AP while appeal to 485 denial was pending.
Desi we definitely need to get clarification on this. Can you post a message with interpretations from differnet lawyers? Maybe we can get more people to ask their lawyers like Fragomen, Shusterman, Siskind ..... we will then match.
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jsb
09-10 08:55 AM
The greatness of USCIS is unbelievable!!!!!
When the dates move ahead, to say 2006, the 485s that get approved the most are for people whose PDs are in 2006. The 2004-2005 folks just have to keep starring!!! Then all of a sudden dates fall back to 2003...now only god knows who is yet to be approved in EB2-India before April 2003.
So what it seems like is when the dates move ahead drastically all the people who most recently applied will get approved and for the people who are stuck in backlog will see approvals only if the dates stick around their dates for atleast over a year....until then USCIS doesn't even realize that oh these people are still in queue and we need to approve them!!!
Such a BS to deal with all because of USCIS' GRACE!!!!
Question is, can something be done about it? - USCIS not following any order !!
When the dates move ahead, to say 2006, the 485s that get approved the most are for people whose PDs are in 2006. The 2004-2005 folks just have to keep starring!!! Then all of a sudden dates fall back to 2003...now only god knows who is yet to be approved in EB2-India before April 2003.
So what it seems like is when the dates move ahead drastically all the people who most recently applied will get approved and for the people who are stuck in backlog will see approvals only if the dates stick around their dates for atleast over a year....until then USCIS doesn't even realize that oh these people are still in queue and we need to approve them!!!
Such a BS to deal with all because of USCIS' GRACE!!!!
Question is, can something be done about it? - USCIS not following any order !!
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mmillo
06-08 12:30 AM
Will Fannie/Freddie give loan with 20% down while in AOS? i mean in regualr interest rate?
Thanks
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Macaca
01-06 11:18 AM
Vivek Wadhwa Bio (http://www.soc.duke.edu/GlobalEngineering/project_facultystaff.html)
Vivek Wadhwa is an Executive in Residence/Adjunct Professor for the Pratt School of Engineering at Duke University and a Wertheim Fellow at the Labor and Worklife Program at the Harvard Law School.
He is also a technology entrepreneur and a columnist for BusinessWeek.com. Wadhwa was named a "Leader of Tomorrow" by Forbes.com, and his company Relativity Technologies was named as one of the 25 "coolest" companies in the world by Fortune Magazine.
Mr. Wadhwa holds a B.A. in Computing Studies from the Canberra University in Australia and an MBA from New York University.
Vivek Wadhwa is an Executive in Residence/Adjunct Professor for the Pratt School of Engineering at Duke University and a Wertheim Fellow at the Labor and Worklife Program at the Harvard Law School.
He is also a technology entrepreneur and a columnist for BusinessWeek.com. Wadhwa was named a "Leader of Tomorrow" by Forbes.com, and his company Relativity Technologies was named as one of the 25 "coolest" companies in the world by Fortune Magazine.
Mr. Wadhwa holds a B.A. in Computing Studies from the Canberra University in Australia and an MBA from New York University.
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ashutrip
06-23 12:20 PM
i saw 2 approvals ( on 06/22) in for people who applied in feb starting ... just a fyi
-M
its disgusting
-M
its disgusting
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sanju
04-30 04:25 PM
For all those who are upset with the House hearing, please take it easy. Please do not expect the hearing to discuss the details of each and every GC applicant's case. The objective of the hearing was to bring the folks involved in visa bulletins and GC processing, and make them all publically say and agree that Lofgren-Sensenbrenner bill will not flood the country with new people on the borders but at the same time since the federal agencies did not do their job properly, so it would make sense to recapture the visa numbers, and that's it.
I think that this objective was achieved pretty handsomely without much opposition. So everybody was on the same page, other than Ranking member King, whose job in such meetings is to oppose whatever the committee chair is proposing. Rep. King did not have much to say as Rep. Sensenbrenner has co-sponsored the bill. Noticeably, Rep. Gutierrez supported the bill, which means Hispanic Caucus may not oppose it either, hopefully. So it was all good.
I think that this objective was achieved pretty handsomely without much opposition. So everybody was on the same page, other than Ranking member King, whose job in such meetings is to oppose whatever the committee chair is proposing. Rep. King did not have much to say as Rep. Sensenbrenner has co-sponsored the bill. Noticeably, Rep. Gutierrez supported the bill, which means Hispanic Caucus may not oppose it either, hopefully. So it was all good.
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JunRN
05-29 12:59 PM
I don't want to argue either.
In my case, I saved $400 per month as I got mine on 4.5% interest rate. If I got mine on 6% interest rate, I would have paid $144,000 more in the entire duration of my loan. I can't say enough on the value of my house because it is the lowest compared to all my neighbors with same model. The location has the best school district in the city and the elementary school is 3 blocks away.
Refinancing is a tricky part of this game. Refinancing is not always good because most of the time, you will start at month 1 again where the interest part is higher than the principal. It also has closing cost. One should only refinance if the difference is greater than 1%. 1% is only break even.
I am not saying all others should buy now. What I am saying is that we cannot say it's not a good time to buy either. It depends on where you're buying.
In my case, I saved $400 per month as I got mine on 4.5% interest rate. If I got mine on 6% interest rate, I would have paid $144,000 more in the entire duration of my loan. I can't say enough on the value of my house because it is the lowest compared to all my neighbors with same model. The location has the best school district in the city and the elementary school is 3 blocks away.
Refinancing is a tricky part of this game. Refinancing is not always good because most of the time, you will start at month 1 again where the interest part is higher than the principal. It also has closing cost. One should only refinance if the difference is greater than 1%. 1% is only break even.
I am not saying all others should buy now. What I am saying is that we cannot say it's not a good time to buy either. It depends on where you're buying.
kumhyd2
07-10 01:21 AM
Is there a SoCal IV member list? Any one from San diego?
manugee
09-10 02:26 PM
Though small, I made my contribution ($100 via Google).
I can't make it to the rally this tuesday but just trying to do whatever I can to support the cause.
Good luck,
Manish Jain.
I can't make it to the rally this tuesday but just trying to do whatever I can to support the cause.
Good luck,
Manish Jain.
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