Thursday, June 30, 2011

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  • alterego
    10-07 01:28 PM
    It seems that EB application in general have slowed down in October and especially this week. Of those, from data which appears to be the broadest sample available, most approvals seem to be EB2, very few EB3s, and few EB1s(possibly anemic demand due to economy, which augurs well for spillover eventually).Furthermore, less than half are EB2ROW.
    Based on this observation, I think that the approvals coming out now represent those that remain on the IO desks from last month. They just slowed down their work rates. I think that they could care less about what we are doing to have our cases adjudicated. They have their way of doing things and nothing you say or do will change that. The latest thing they are telling public officials inquiring on your behalf is that they have a work flow which they will not interrupt. The issue is, their work flow is based on nothing but randomness. Those inquiring are those that have been badly screwed by their "work flow". They will not answer to why older PDs and RDs are being left behind while later ones are making the "work flow".
    My guess is that the IO desks will slow things up until after the next VB, later this week, then, based on the current demand for EB2I, we will see some retrogression, exactly how much I do not know, but a few months probably, maybe to somewhere in mid 2004, and then they will request more batches of work based on that bulletin, which will then give them a more diverse(of origin and EB category) group of files for the rest of Oct. and Nov. than they got for Sept. and early Oct.
    The Dec. bulletin will entirely be based on their internal decisions on whether to use spillover quarterly or not. If they decide to use it quarterly, then we will see a decent forward jump in PDs for EB2I, and if they decide not to, then PDs will languish in the mid 2004 time frame give or take a few months until the usual summer song and dance session next year.
    The USCIS calls this efficiency. I wish these folks to be on the receiving end of their own treatment in their next life.





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  • frostrated
    10-01 11:49 PM
    I recieved 2 notices in mail today.

    One is the welcome notices which says that I-485 is approved.
    Another notice which says that they reviewing or reconsidering the decision previously taken.

    Called 1-800 # and the infopass. They say that reopened or reconsidering the case as the visa numbers retrogressed.

    How can that be when am current in oct as well.

    Mine is EB2 and the priority date is Dec 2004.

    Any suggestions to have this fixed.
    what is the dates of action on the notices? maybe that will clarify a little.





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  • acecupid
    06-12 05:51 PM
    Hi,

    I am currently working in Skilled visa through one of MNC company.I am working for this company for last 4 years and prior to this company i worked in another small company for two years.When I join my current company i provided all the legal document like exp,last two month pay stub and releiving letter and they did BG . They did not find anything wrong with prior employer in last 4 year. recently they found something wrong about my prior employer and asking me providing additional document and unfortunately company is closed or rename. I have told my current employer that i don't have any more evidance of my prior employer.Because of this reason they are asking me to come back india.

    Is there any way that i can take legal action against this company in US because from last one week
    they are harrassing my like anything.

    Please let me know if anyone come across in this situation.

    They are just giving you BS. They are trying to use a fake reason to send you back to India. They might be using this fake reason (BG check) to avoid any legal hassles. Keep track of how they are harassing you, keep a copy of all emails and documents used in correspondence in this matter and complain to DOL.





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  • iv_only_hope
    01-11 02:12 PM
    Look at this ignorant guys quote from the above website.

    "I just read a couple days ago that over a million "immigrants"
    applied for citizenship

    Do we not have limits? and don't they have to be
    green card holders to apply ?

    Also do we not have demographic limits?

    Most of the million all seem to be from one area of the
    world"



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  • TeddyKoochu
    10-06 11:50 AM
    Many Many congratulations SOP, I have been reading and following your case. Your case is one of the best glowing example that persistence to truth always pays, sometimes the path maybe tough but never give up and never say die. All the best to you and your family, must have been a very special feeling that all the effort finally resulted in success.





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  • stuck_here
    01-25 12:06 AM
    StuckHere: As a backstop, do you have AP in hand? If yes, my attorney has recommended sending a letter withdrawing your H1-B stamping application to the consulate where you interviewed. Then with a copy of the letter in hand, and with your AP, seek to reenter the US on your own terms... Good luck...

    I have just filed for PERM in nov '07.. and I don't have an AP handy either. Can I get my company to apply for one ?

    THanks !



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  • Bpositive
    02-09 04:38 PM
    This is ridiculous; all I see is unnecessary hurdles being produced � I see efforts of discouragement towards coming to this country on H1B. First they suddenly start auditing 60% PERM cases and now suddenly delaying visa unreasonably�increasing Visa numbers and making Green Card processing faster is aside, we are facing other problems.

    I have started speaking with senior people at DOS. On a purely procedural level I don't see why an H1 applicant who may already be in the US is not 'security cleared' at the time of giving the I-797 approval. Totally ridiculous.





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  • unseenguy
    06-15 06:54 PM
    1. Why should he pay you more if he can get someone for cheaper price? - No Issues as long as its by following all the rules and regulations set by the authorities.
    2. Are you willing to do the same job for the salary that is offered by TCS, WIPRO? - Nope, my salary is my personal choice. Tomorrow these companies may bring resources Illegally across border and offer 5$ per hour, would you accept that salary???
    Your salary is not your personal choice, it is governed by market factors. Company makes the final decision whether they want to pay you what you ask for and whether they need your services. Your client can easily send your job to India if they can hire someone here for 3 months. Most likely that person is going to be back with the job after 3 months.
    3. If you screw up , who is responsible? What can you do to mitigate damage? TCS/WIPRO can replace the whole team at free of cost to make project successful. - BS
    I work for a major system integrator and I have seen client come to us and say, X did not perform well, give us the money back or provide Y number of free consulting days. I have seen clients come to us and say , we give you 2 more months, deliver this project or else lawsuit, and I have seen company agreeing to client demands. These are additional advantages for going to TCS/WIPRO. I have seen at one client place, they offered 10% of the resources free. So if client took 50 peopkle, they got 5 more for free. Can your company do that? Dont make hollow claims of BS if you are just a simple developer.
    4. YOU guys want to leave companies at will but the companies should not replace you at will? - Not at all, they can replace us anytime they want.. I don't know why this point ???


    Here we are discussing about a violation by companies using L-1B visa resources and we think reporting this to the agencies (ICE/USCIS) and making awareness amoung clients doesn't harm anyone who does their business within the legal frame work.


    No we are discussing YOUR jobs loss due to L1 misuse. You were sleeping until it hit you and now you suddenly want sympathy. BTW, I feel sorry for you that any guy from India can come and do your job. Most guys who come on L1 are freshers with not much skills. Thats what is needed for the job then.



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  • sc3
    08-21 01:00 PM
    If I am not wrong VDLRAO is predicting Eb2 will be current with in a year if USCIS continue horizontal spillover. What is wrong with you..

    I dont know what VDLRAO is predciting, I was responding to someone, oh wait a minute, it was your post a couple pages back that said "...as from VDLRAO's post Eb2 does not need much visa to become current ..".

    So nothing is wrong with me, but you better ask that question to yourself.





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  • addsf345
    12-11 01:38 PM
    I am logging in after sometime due to work, Is this action item still Active ?

    I would still suggest to go ahead and do below three steps.

    1. Click on links provided in first post by OP to download & print 4 letters and mail them as instructed.
    2. Send an email to ombudsman
    3. update everyone else on this forum & poll

    Much appreciate your help. Together we can win. Thanks you!



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  • unseenguy
    06-14 02:52 AM
    Well, I believe everyone should have freedom to express their views whether pro or anti immigration. However, I also feel, nothing much is going to change by reporting TCS or WIPRO etc. You might get your fingers burnt though. Do not forget the movie Jaane Bhi Do Yaaro





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  • desitechie
    08-24 06:31 PM
    Hi All!

    My name is Michael and I work for Vonage � I see that you�ve heard about Vonage World and that several of you have some questions. sdrblr, yes, with this plan you really can call everywhere in the whole country of India, including both home phones and cell phones. Sure it might seem a little crazy, but it�s true! We�re glad to hear that some of you are pretty excited about the plan � we think it Sounds Good too! sammyb, thanks for the compliments on our service, we love to hear from happy customers! Here is a link to the Vonage World information page (http://bit.ly/3cK4c) on our website � go there for more details, and info on how to sign up. Also, be sure and check out our Facebook page here, and our Twitter page here. We�re happy to answer any other questions, so please feel free to post a question here, or via Facebook (http://bit.ly/vih8u) or Twitter (bit.ly/FoV8n).

    Welcome to Vonage World!

    Best,
    Michael


    This is the only reason am not taking vonage.

    When we want to discontinue service, its very difficult to get a CSR to perform this activity. It may take an hour or 2 after looong waiting periods. I heard even wrong charges in the final closing statement.

    Please answer this and lot of people will join based on your response.

    Thanks



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  • HV000
    09-07 02:11 PM
    The link is related to the fingerprinting background check. Almost 100% of the time the automated system returns an FBI record (an existance or not of a "rap sheet"). Only in rare cases when the finger prints are not clear USCIS sends a new FP notice.

    The issue here is the FBI name check which returns less than 68% in the automated response. Around 32% of cases (485/n400) are delayed of which less than 1% really may have a negative record most of which are reported by IBIS and finger print check.

    FOIPA only provides main file check report (not reference file report) which in any case is worthless for most applicants who have never committed a crime but are stuck in the name check due to a flawed soundex alogirthm that is applied for both roman based and non roman based names. Invariably Indians, Chinese, Arabs and Russians (and slavic names) are caught up disprortionately.

    Mr. has been lately tightening the screws and USCIS has to report in the next 30 days the response to his anual report to congress where he listed the FBI name check as the most pervasive problem affecting 485 and naturalization applicants and the fact that name check backlog grew by over 100,000 in 2006.

    Name check dissproportionately affects Indians, Chinese, Russians, slavs, Arabs and Muslims.

    http://www.petitiononline.com/mod_perl/signed.cgi?nc082505

    USCIS is supposed to respond to USCIS OMBUDSMAN report on Sep 11. USCIS has not mentioned about the value it is deriving out of the NAMECHECK process!
    I do not know why USCIS is wasting money and resources in the questionable "NAME CHECK" process while they already have the faster "FINGER PRINT" process!!





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  • reno_john
    06-21 09:35 AM
    Folks,
    My wife was stuck in namecheck during the H-4 stamping 3 years back. She gave full FP and got cleared in 6 weeks. Question i have is that i will be filing I-485 in July so is there a chance that she will be stuck in I-485 Name check as well? Anyone with experience? Also, if she get's stuck and I am cleared does the application get's stuck completely?

    I was curious about the FBI name check and I read the FAQ on Name check on FBI website, what it says that once your name check is in progress for a particular agency as in our case USCIS, it will reject any duplicate name check for that person. Also it says something about a await period of 120 or 180 days when a second name check cane be done based on the first is cleared and the wait time has elapsed. Check the FBI site and read the FAQ on this.

    http://www.fbi.gov/page2/nationalnamecheck.htm



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  • ak_2004
    05-06 10:16 PM
    Hi friends,

    My husband and me work for the same company now. He applied in EB3 (India) and PD date with December 2006. I-140 approved and I-485 applied in July 2007. Got EAD and AP for both but still working on H1B (Not used EAD and AP).

    From other company, in 2007, I applied for labor substitution and it is approved yesterday, which has PD Nov 2004 (EB3 - India). One of my friend working for this company and I got the reference last moment and I was not hoping for this approval.

    Now I have to switch to this company as the company management are asking me to join the company. I read many threads in this forum and this thread too about multiple filings of I485s and withdraw one while applying other.

    I read some people had no problems with multiple I-485s. But Murthy's advice is against this while others like Rajiv in favour of this.

    Please advice me what could be the best in my case.

    I have PG in engineering (CS) from India.

    Thanks in advance





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  • mamit
    02-10 09:27 AM
    This is what I did -

    1. Had my lawyer followup with consulate -they respond quickly to that.
    2. Letter from congressman - congressman called consulate and i got a written reply from congressman on status in less than a week
    3. Email followup with consulate
    4. Calls to DOS - have to be on hold for a bit though..

    Interview - Jan 3; 221g (pink) Phd in bio; additional info submitted - Jan 7th; consulate sent info to DOS - Jan 14th; DOS clearance - Jan 31st. Visa issued - Feb 6th...

    Bpositive, thanks very much for the verification. At first, I thought my friend was just scaring me by suggesting the senator/congressman route, but seeing your case now I feel foolish as I should've been doing this in early January. I will check my status tomorrow (monday) with the Delhi consulate once more, and then, if need be (fingers crossed), will talk to my boss in Houston about your suggestions regarding congressman's letter. By the way, what if I call DOS tomorrow and they say the I've been cleared, would it still make sense to have congressman approach them? Too many questions, I know, but I guess you know this feeling. Thanks again.



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  • Canadian_Dream
    06-29 05:31 PM
    For USCIS isn't the date received that matters not the date postmarked ? Never heard them honoring postmarked date. I could be wrong though !!!

    If its mailed out today, then you are ok. Its the POSTMARKED date that is seen. So even if it reaches there in July, as long as it went OUT today, they will have to accept it under June's batch of applications coz it is postmarked in June (june 29).





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  • chanduv23
    06-12 04:41 PM
    My piece of advice -

    I see that a lot of people are not happy about L1 visa holders replacing them or their collegues because the sponsering company is either not following the law or found a loophole.

    It is natural to get angry and frustrated. But I would suggest - not to be insensitive to those people as it is not their fault. Treat them well and good and help them understand what it is and why are you concerned.

    Do a proper assessemt on what exactly the issue is and definitely help ourselves to make sure fraud is not being committed.





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  • trueguy
    08-21 01:00 PM
    I think it would be fair to split the leftover numbers the same way they split whole year quota.

    50% of leftover should be given to EB2 (based on PD) and 50% of leftover should be given to EB3. Does it sound fair?





    waitnwatch
    08-21 12:46 PM
    If all these years they were misinterpreting the law, where were lawyers and AILA raising their voice to correct this mistake? This error was deeply affecting the clients of lawyers.

    We need to see more proactive activism of lawyers in matters such as these that are very important for the community. If not, members need to learn the law and do such research themselves. IV core team has been trying its best to read the law and create presentations and research documents whenever we have an important action item or bill on the floor. I would urge the community to read the law om their own as and when needed and raise their awareness.

    You are right about members working on understanding the law in this forum and thrashing out arguments to make them fool proof. Instead I find people getting incensed at each other and creating a destructive environment instead of a constructive one.

    As far as immigration lawyers go - they have no incentive to file a lawsuit to get a correct interpretation as they donot stand to gain whatever way the law is interpreted. Also while there definitely are a few smart immigration lawyers- the run of the mill ones are no better than paralegals. I'm not sure I should be saying the above but my experience points to that.





    styrum
    07-12 01:01 PM
    Although much older anouncements and news are still there.
    Apparently they want everybody to forget about this ASAP, let alone attract any further interest or god forbid inquiries. I don't know who in the world can still beleive that they are a "service" and we are "customers".