Saturday, July 2, 2011

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  • cableching
    08-21 06:10 PM
    Original Poster should not have sensationalised this memo. If at all this 'news' is true -this may be just something so-called internal matter. Best interpretion of this 'news' is: They may have assigned available visa#s to approvable petitions just as they did before 2nd July07 bulletin, where people kept getting approvals well into Oct07.

    So, ALL THE BEST to lucky ones who are 'pre-adjudicated'. How else you can explain Sep VB, which is yet to start from 9/1.

    All I did was posting it in August EB2 India/China approvals thread about what I read and heard from an IO. Just to inform people. This visas are not available only for India/China and not for other countries????

    If people think it is not appropriate, the admins can delete all the related posts and threads.

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  • Naveen
    03-06 03:40 PM
    Good work. move me up to $100

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  • sweet_jungle
    09-06 03:09 PM
    Also I think, people can customize this letter a little bit by elevating individual examples of their own. Please advertise this to all immigrationvoice members if you can.

    Once again my appeal to write this to Zoe.

    also, I think this thread should be made visible to members only.otherwise, moment we start e-mail campaign on Monday, abuse might happen.
    Any ideas how to do it?

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  • calboy78
    08-25 07:05 PM
    I guess My interview didn't go as expected.

    1) I reached the office an hour early.
    2) After waiting,they did security check and let us in
    3) Then the lady who was assigned my case, came and took us into her room
    4) Oath, etc
    5) She then started asking for Birth cert, Marriage Cert, kids birth certi, 140 approval copy.
    6) Then she pulled a file (which was labelled DOS Visa bulletins) and spent around 15 mins on Oct 2007 bulletin.
    7) Then asked us who filed your did your self or your employer did..we said employer.
    8) Then she said, something is not right..per Oct 2007 bulleting Visa's are unavailable so yours was not filed properly.
    9) Then I said, ours was filed in Aug 8th 2007. She insisted the receipt date is oct 2007..then we showed her our 485 reciept.
    10) Then she thanked us and started looking at Aug 2007 visa bulletin. and said, even then in Aug 2007 EB2 was U, so yours was not properly filed.
    11) I told her, There was an interim Memo released by USCIS that they will accept application until Aug-17 2007 based on July 2007 visa bulletin
    12) She said she will look at DOS bulletins
    13) After 10 mins she said, she cant find any such memo..and said, since there is no evidence with her, she has to deny our case based on "Improper filing when PD was not current"
    14) Then I said, if PD was not current, wouldn't TSC return the application denying on the spot? Why would they accept the application?
    15) She said, you would think so..but they accept many we are told to verify all the time
    16) THen said, she believes us but for process, she needs evidence and said she will look into further and then make a judgment.

    17) We had no choice and we were over the interview. we were little disappointed though

    18) After coming home, I realized she took all I-94s and we got panicked..because if 485 is getting denied and I-94s are gone, how do we prove our legal status, so we thought of going back..then I thought, if have to go anyway, then I should take a print out of Interim Memo

    19) I went back an hour later with the print out
    20) I told security that, we had finished our interview and officer forgot to return our I-94..they insisted that we shud take infopass and they wont allow anyone to go back..I had to really argue with them (I decided I have nothing to loose..anyway 485 is screwed and so stood there asking them to let me in)

    21) After consistent nagging, the security guy took our passports, interview response letter(After interview if your app doesn't get appproved they willgive a kind of reciept saying u attended the interview..blahblah) and went in

    22) Came back and told me to go in since the officer wants more details from you (I thought this was a miracle)

    23) I went inside, and after a while officer came back. We apologized and told her that we came back for I-94s..she said they will retain and wont return..We told her that we are not using EAD and we are still on H1B..she said she will give back..
    then she asked, I am sure you didnt come back for I-94 alone, did you get any document?

    24) We showed her the memo.

    25) She read that and said I am glad you came back..this clears everything out..I will run this by my supervisor and will see if we can adjust status today

    26) We waited for 2 hrs and then she took us inside.
    27) Asked our passports (to stamp...really)

    28) Then she looked into the computer to get the visa #.
    29) The we noticed a changed in her face and then she quickly turned into a folder of current VISA bulletin..we again.
    30) The officer said, per visa bulletin u r current and ur PD is dec 2005..there is no reason for system not to allocated a visa #..
    31)She tried for 10-15 mins and finally gave up..said she cant stamp in the passport without allotting the visa number..said sorry..I cant do anything..I will follow up with DOS ppl and will let you know in a week or so.

    32) The reason she gave is, when she tried to allot the visa, she got a message, "cut off date not established". I have no idea what this means.

    hmmm....still keeping fingers crossed..this is nothing short of a car race.


    I have only one comment - you are brave to have fought at that level ..Good Luck with your GC journey !


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  • nixstor
    08-22 10:29 AM

    This was well expected. DOS will move the PD's in such a way that 300 applications will be eligible for adjudication when 100 visa numbers were available. At this point in the fiscal year, they don't care about who gets it and all USCIS wants is max utilization.

    Don't worry about what IO's said on the phone or at Info pass. No one knows what is happening with 485 adjudications in the last two months.

    IMO, DOS should have done a better job with the movement. Jump of Apr 04 to Jun 06 was too much for CIS to handle. Instead of the one month increments in the previous bulletins, DOS should have moved 2 months at a time. Would have made it a little less chaotic. I guess it does not matter.

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  • shukla77
    09-14 01:32 PM
    can we have a poll as part of this thread? simple poll with the options "Yes" if sending the letter and "No" if not. We want to make sure that there is significant participation from IV members in order to see some results..

    Good luck.


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  • alisa
    02-04 08:03 PM

    I would have to be an absolute moron to contribute to IV, and to work for it, if at the end it costs me more in getting a green card.

    So, either you think that IV-ers from ROW are morons. Or you want them to quit, and turn this organization into an Indians-only group.

    Its as simple as that. You can quote all the laws in the universe, and come up with all the fancy logic that you want. But what I have said above is what it all boils down to.

    No one here takes advantage of any group. We are talking here is what law says and how it is implemented by various agencies. The problem is there is doubt that DOS has not understood the law. No one is against ROW and loves India and China. US immigration simply based on preference catagories. For example, wife of U.S citzen will be given first preference in immigration (FB1) compare to brothers and sisters of US permanent residents (FB4or5). This is the law.

    Similar thing in employment catagories too. Before 2000, there is a verical spill over of EB visas. Becase of this, a high skilled workers from India/China has to wait more compare to low skilled workers from ROW. This practice will not put US in technological edge. Thats why AC21 law implemented.

    After 2000, congress removed country quota in all EB catagoires. The simple reason is to make US competiveness in 21st century. The intend is simple.

    The simple meaning of AC21 law is, for example, let us assume following hypothitical situation. There are 40,000 noble prize winners from Mexico. All of them applying EB1 visas in a FY. In same FY, no one from other countries applied EB1 visa. As per AC21 rule, entire 40,000 visas (100%) goes to Mexico in EB1 irrsepective of how EB2 or EB3 or FE catagories are retrogressed or howmany mexians in EB/FB are waiting. This is what congress intend to promote high skilled immigrants to USA. This is what american competivness in 21 century. The intent here is noble prize winners should not wait even if they are from oversubscribed countries like mexico.

    If you read word by word of AC21 rule will understand what I am saying.

    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

    My intension is simple.

    Even if SKIL/CIR bill passed in near future, if DOS or USCIS does not implement the law accordingly, it will be disaster for oversubscribed countries like India and China.

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  • dummgelauft
    12-08 11:54 AM
    Hello Ronhira,

    If some orphan or homeless break your front door and enter into your house, would you allow him to stay with your family on Humanity basis ?

    Why first of all INTENTIONALLY she entered other's territory ?

    You are right on the money.
    And all of us who are from India, let us not forget that INDIA faces similar issues of cross-border infiltration ( the reasons may be different), form some of our less than friendly neighboring countries.
    Indian forces are trained and instructed to foil these guys from crossing over by whatever means necessary, including blowing their heads off with a well placed gunshot...and if arrested, we all know how our Police forces and other investigative agencies treat and interrogate the people in their custody...
    Just one hypothetical question for these people...What if a pregnant female terrorist is arrested by police in India, just before she was about to engage in some terrorist act in India itself, is arrested and is shackled to her hospital bed, while she gives birth...would all of these "human rights supporters be saying these same things...

    Where does the "humanity" that these "holier-than-thou" people are talking about, go.
    We all feel happy when intruders are shot or arrested at out land borders....

    If India has the right to protect its territory from illegal incursions by Citizens of other countries, why not US?


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  • deelip
    07-17 08:55 PM
    Thank you every body for all your efforts. Special thanks to Active Core members. You made us proud for the leadership you provided.

    Outstanding thing is "Gandhigiri still works".

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  • jsunkavalli
    04-03 06:25 PM
    Last year the H1B US MS cap wasn't over until the mid week of April and I think this year it's not going to be the same as there were a lot of missed MS applicants(I am one of them) but I don't think that the MS quota cap has no reached yet.


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  • malibuguy007
    03-06 06:04 PM
    I think we are getting close to $3K - let us keep the momentum going.

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  • jsb
    08-13 10:37 AM
    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 485 RD was July 23rd 2007 and ND was Sept 5 th 2007.

    The RFE was responded 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.

    Published dates are approximate dates for a ball park idea on where cases are for minimizing phone calls. If published date is Sep 8, 2007. It could have a very wide window of reality between (i) someone has looked at least one case of this date, or (ii) All cases upto this date have been seen. Further, your contacting congressman and Senators might have triggered action on your case. In a paper dealing world, there are no precise answers. Published dates are based on manual feedback by dozens of IO's at each center.


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  • fatjoe
    08-26 01:08 PM
    Yes, they go by the receipt date, which appears on your USCIS online status - they are suppose to go by the date delivered to mail room / receipt date printed on your 797

    The Receipt date is the date when they actually receive our case in a Service Center. Notice date is when it got entered into the system. I-485 Notice shows both the RD and ND. RD should be August 17 for most of us, whose cases were transferred to various Service Centers. Online status shows the ND. The only confusion here is what do they go by(may be USCIS it self not sure how to prioritize - whether on ND or RD).
    Strictly speaking, if they go by ND and if the ND is after Aug-17 we may not be eligible for GC, as our(July/Aug 07 batch) cut-off dates is august-17-2007. This is what I was told by DAO when I attended the interview at the local USCIS office.

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  • santb1975
    12-02 10:56 PM
    This feels great


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  • roseball
    12-20 01:29 AM
    Contributed $20. Thanks to IV and its members for the efforts.

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  • dtekkedil
    07-05 04:31 PM
    This is a great idea , but then DOS overturned the USCIS decision (hence the letter to Mike Chertoff and Condy of DOS from one the Congresswoman) . Shouldn't the flowers go to one of these guys ???

    All bulletins are published by DOS. Same is the case with the July bulletin. However in this case, it was information from USCIS that forced DOS to reconsider!

    Do you expect anyone to believe that when it takes one year to give 140, 000 visas... this time they managed to give 60, 000 visas in ONE month?? If something is fishy, it is at USCIS!


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  • masala dosa
    04-20 11:18 AM
    1) We got a spike in new membership and funds
    2) We now have atleast 2 more NATIONAL publications who have taken notice of our activities and are more sympathetic to our causes. They feel we have a compelling story and they are interested in publishing about our plight...

    In fact two IV members are being interviewed today by a leading publication.

    and the most important
    3) We got additional material to provide to senators and their staff...this really helps as we do not have to establish ourselves....our stories along with newspaper articles help make our case much stronger....

    When we initially started meeting senators, their staff would ask QGA 'Immigration Voice, who or what is that?'

    Lately when we go to meet them, most of the staff have already visited our sites multiple times, know about us because of phone calls and faxes by members and ofcourse the articles that have been published....on top of this when we provide stories of members from their constituency, 50% of our work is already achieved....the liason team and QGA take over from there.

    So to answer your question, yes it helped a lot

    Can you publish more stories.... Thanks

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  • bugsbunny
    04-15 09:59 PM
    Come on guys it's the weekend..relax and enjoy it
    It's ok to let go of provocations
    Life is unpredictable so relish every moment
    Try yoga works wonders for me :)

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  • superdoc
    08-22 07:56 AM
    I agree-- but it miught just be a sample issue..If the trend continues then it will be concerning-- today is friday and last friday their were not that many approvals anyway....

    hope this helps

    04-11 10:50 AM
    This is the sad reality. A lot of people applied using sub labor during the June and July fiasco. A lot of people made it through the July 15th deadline by atleast filing a 140 through sub labor.
    Now USCIS is processing all these 140s and as they have old dates, they are becoming approvable.
    As long as there are visas with old dates approvable - USICS will exhaust them. As long as USCIS exhausts old visas, DOS need not move the dates forward.

    02-27 12:49 PM
    I am in complete agreement with IV and the proposal. After such a long time, the brains I always trusted, came up with the great proposal. Let me know if we can help.

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