Wednesday, June 22, 2011

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  • kumar1
    04-25 01:53 PM
    Get enrolled in GNIIT course. They will teach you Java, .net, networking, datbase, algorithms and everything else that I did not put here and may be after that you can apply in EB-1 category. I am not mad but, if you do not have 4 year college degree, you should not have gone for EB-2 that too with labor substitution. It is a F***ed up system.
    :mad::mad::mad:





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  • dan19
    02-08 05:54 PM
    Read this...United Nations had posted this in some other forum.

    >>>>

    Here is the easiest reading. It is from November 2005 bulletin. They specifically stated that the 7% limit was going to apply.

    http://travel.state.gov/visa/frvi/b...letin_2712.html

    D. EMPLOYMENT PREFERENCE VISA AVAILABILITY

    The backlog reduction efforts of both Citizenship and Immigration Services and the Department of Labor continue to result in very heavy demand for Employment-based numbers. The amount of cases currently being processed is sufficient to use all available numbers in many categories. The level of demand in the Employment categories is expected to be far in excess of the annual limits, and once established, cut-off date movements are likely to be slow.

    WHAT CAUSES THE ESTABLISHMENT OF CUT-OFF DATES?

    The Visa Office subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.

    If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.” For example, if the Employment Third preference monthly target is 5,000 and there are only 3,000 applicants, the category is considered “Current”.
    Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number. For example, if the Employment Third preference monthly target is 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.
    WILL THERE BE CUT-OFF DATES FOR ANY ADDITIONAL FOREIGN STATES IN THE FIRST AND SECOND PREFERENCE CATEGORIES?

    It may be necessary to establish a cut-off date for the “All Chargeability Areas” Second preference category at some point during the second half of the fiscal year. It is too early to estimate whether future demand will warrant such action. As of October 1st, cut-off dates for the First and Second preferences for China and India were established due to heavy demand; cut-off date movement is expected to be limited until a demand pattern has been determined.

    WHY ARE THERE CUT-OFF DATES THIS YEAR AS OPPOSED TO PREVIOUS YEARS, WHEN THE CATEGORIES WERE CURRENT?

    While the Employment categories had been “Current” for almost four years, several important factors affected the decision to implement cut-offs for FY-2006.

    Prior to July 2001, demand for Employment numbers was such that cut-off dates were in effect for many categories, and that is the case once again for FY-2006.
    The reasons the Employment categories had become current were:

    The American Competitiveness in the Twenty-First Century Act (AC21) recaptured a “pool” of 131,000 Employment numbers unused in fiscal years 1999 and 2000, and allowed those recaptured numbers to be used by the oversubscribed countries, and
    The substantial decline in demand for numbers for adjustment of status cases prevented the annual limits from being reached for several years.
    In FY we are faced with continuing heavy demand due to the DHS and DOL backlog reduction efforts, along with an Employment limit which is approximately 40% lower than that of FY-2005. The lower annual Employment limit is a result of the virtual elimination of the “pool” of recaptured AC21 numbers, returning us to the pre-July 2001 situation.

    WHAT ABOUT SCHEDULE A NUMBERS?

    The 50,000 Schedule A numbers will provide relief to many Employment preference applicants, since any Schedule A applicant whose priority date is beyond the relevant Employment preference cut-off date can be processed and charged against the 50,000 limit. It is expected that Schedule A numbers will be available on a “Current” basis throughout all of FY-2006.

    HOW IS THE EMPLOYMENT-BASED PER-COUNTRY LIMIT CALCULATED?

    Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.

    The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
    The AC21 removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available.
    In recent years, the application of the rules outlined in AC21 has allowed countries such as China – mainland born, India, and the Philippines to utilize large amounts of employment numbers which would have otherwise gone unused.
    During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
    To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.





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  • gcformeornot
    08-14 01:51 PM
    I have applied for Advanced parole at the end of July 2007. My H1B visa is expired, but my H1B petition is still valid. Should I just take the risk of traveling and try to get H1B visa renewed to re-enter ?

    OR should I just keep waiting for Advanced Parole to be approved ? I can wait until end of November 2007. But I am not sure whether I should plan to travel in Dec 2007 or not. I dont know how long its going to take to get the approved AP.

    Any thoughts ?? Do any of the July filers who have filed for AP know what time frame should we expect for approval of I-131 (AP) ?


    :confused:

    Thanks in advance

    This is a million dollars question on everybody's mind. Although the books says you can, I bet no body will take the risk.
    Nobody can predict when July filer will get AP too.





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  • Almond
    07-16 10:23 PM
    They will reject your application without medical exam. Before USCIS officers had instruction to favor RFE, meaning denying as last resort. Now they are instructed to deny any incomplete application and accept only if everything is OK.

    Get the list of the doctors from USCIS web site and find one, drive/fly to them.

    More likely you are not a from large city if the doctor is problem. In LA there are hundreds and I had an appointment the very next day.


    This is so serious. I'm mentally going down the list over the things I sent with my application. :(



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  • h1b_slave
    01-03 10:00 PM
    I think, last week, two threads were locked due to very hot discussion on this issue. This discussion will create more heat again.

    i guess my post was mis-interpreted so i have modified it to clarify it. what i meant was if IV considers it is not asking for too much - they feel it will not jeopardise "ability to file 485" provision then having AC21 advantage without waiting for six months would be like "sone pe suhaga"





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  • Steven-T
    January 30th, 2004, 02:24 PM
    And any time a product drops by 50% in 1 year its normally not a good sign. Scott
    One benefit in staying with Nikon, at least for the time being, is that I don't have to compete with DavidP & Co. for those abundant "9, 9+, 10, R, D etc" rated used Nikon lenses on the market (B&H, Adorama ...). LOL.

    Steven



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  • mirchiseth
    06-03 10:45 PM
    I efiled EAD and AP for my wife and myself over this weekend. My earlier documents had been filed at TSC. In answering Question 11 of EAD, I "assumed" Dallas TX Field office and USCIS TSC are one and the same. So I selected Dallas TX Field office as the answer.

    When the receipts were generated for our applications they were generated for National Benefits Center with MSC as the prefix. This got me confused and I asked this question (http://immigrationvoice.org/forum/showthread.php?t=19323) on IV. This evening to research what is going on I started a dummy application and saw what I had done wrong. I canceled the dummy application.

    I am writing this to alert anyone to not do the same mistake. I am mighty concerned. I will call USCIS tomorrow morning and ask on what will happen and where should I send me supporting documents. I will also get hold of some local attorney.

    In the mean time what do you guys think of our situation. Any experiences, ideas? Please share. This will be long night :-|





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  • makemygc
    02-28 09:37 PM
    Do you have your I-140 approved and if yes, have you passed 180 days since you filed your I-485? If answer to both the response is yes, then nothing to worry about as you can simply work on EAD.

    If you are still considering transfering H1-B, start looking for a company immediately. Small India companies who do H1 transfer can be little helpful in your scenario but watch out for crooks.


    Dear members,

    I am on H1B with I-485 Pending and i have layoff coming. I have Approved EAD but i haven't used it. How much time I have to find another job without loosing H1B Status?

    I appreciate your help



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  • shreekhand
    07-09 10:48 PM
    Obviously, next week ! Why should this not a no-brainer... beyond me !

    In all circumstances coming Mon. or Tue.




    Do you guys have any idea about when the August 2010 visa bulletin will be ?





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  • HV000
    04-03 02:23 PM
    nope, so far I have not come across a single case where this has been an issue (which was one reason I went ahead with the move). However there have been inklings about USCIS possibly taking a tougher position on this in the future.

    For instance see:
    http://www.murthy.com/news/n_porret.html
    Salary Considerations for the New Job
    �MurthyDotCom
    Attorneys in our firm are frequently asked about the impact of a difference in salary when changing jobs under AC21. We are also asked what "same or similar" really means in order for one to be eligible under AC21 portability. USCIS policy memoranda, particularly the May 12, 2005 Memo referenced above, have been quite favorable on these matters. However, in that same memo, the USCIS stated that the forthcoming AC21 regulations "may take a more restrictive position than this memorandum." Therefore, while issues such as salary differences do not appear to be problematic at present, foreshadowing indicates that this could change when the regulations are released at some future date.

    From my research I have found so far that it will be hard for them to put a dollar or percentage figure on the amount the salary can vary. The best they can do is perhaps put it in some range based on prevailing wages. Other than that, salary itself is a very market driven thing. I hope they dont, and I dont think it buys them much. The DOT codes and job-duties description should be what they should look at (or actually they should broaden the allowed job changes considering how long the wait has become now-a-days).

    Lets see what happens. Main trouble is like what Murthy mentions in that article a little later: if changes happen, they are retroactive...

    Thanks for the reply but how did you conclude 'Future AC21 Changes' will be retroactive?



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  • rajenk
    03-24 07:04 PM
    I also did switch job back in July 08. Immediately after the switch the new company had sent all documents necessary for AC21 with the help of their lawyer. USCIS have reviewed my application in October and in February for pre-adjudication. How I am sure about that is because in Feb my wife got an RFE for Medical and mine was fine. Unless the primary is fine they will not touch dependent.

    So here is what you should do.

    1. Contact your current company lawyers.
    2. Educate them what AC21 is, I guess there was an updated AC21 Memo in May 08. My lawyer included the whole memo highlighting the clause under which I am eligible to switch job (Same or similar , I was a Senior Software Engineer, now I am Software Engineer IV, each company has its own classification).

    3. Submit EVL (Employment Verification Letter) from your current employer.

    4. Submit a letter explaining your eligibility for AC21.

    *****Very important******

    5. Submit a G28 (Change of representation) for you and all your dependents. Along with that submit the AC21 documents only then the AC21 documents will reach your file. The same is recommended by attorney Murthy.

    *****Very important******

    <EDIT>

    Forgot your RFE in the first submission. You can include all of these as a RFE response.

    </EDIT>


    You should be all fine then. In my experience and what people had seen it is best to report it.

    Good luck.:)





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  • amslonewolf
    10-02 02:10 PM
    The attorney gets the AP documents.

    I did get my EAD cards at home but the AP went to Attorney.



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  • gcForV
    07-12 02:46 PM
    sorry posted in other threads too. But we will have this updatefirst and then i think we will get the bulletin by monday.
    may be some mass updates today?
    From:http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a5b0a083ef5b3110VgnVCM1000004718190aRCR D
    Scheduled System Outages

    On Thursday, July 12, 2007, at 9 PM EDT, certain USCIS web-based systems will be taken out of service for maintenance upgrades. They should be restored in approximately three to four hours. These systems include:

    *
    Case Status Online (and processing times)
    *
    Field Office Locator and Information
    *
    Civil Surgeon Locator; and
    *
    Change of Address Online

    We apologize for the inconvenience.





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  • skdskd
    08-27 03:23 PM
    Cool down dude, I can understand OPs frustrations, I am in same boat and see similar cases around, not that ead or ap is anything great, just that someone who applied before feels rejected seeing TSC giving out eads like cookies:)

    sksatmt sounds like ramhs..same tone of selfishness

    I wish all I-485 filers should get there receipt , EAD and AP as well as Final GC as soon as possible.



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  • lacrossegc
    07-11 03:00 PM
    http://www.hammondlawfirm.com

    HLG has confirmed that the CIS is not returning I-485 Applications back to those who filed I-485 during the first week of July. This is leading many to speculate that the CIS may reverse course and re-re-amend the July Visa Bulletin; whether the Visa Bulletin actually reopens remains to be seen. HLG normally refrains from commenting on rumors, but we have talked to several Washington insiders and believe that this is seriously being considered.

    What does this mean for foreign nationals who planned on filing I-485s in July 2007?

    HLG recommends that all foreign nationals who planned on filing I-485s in June take two actions:

    1. Have your medical appointments completed. Medical appointments can back up quite quickly. Therefore we urge people to complete their medicals.

    2. Send in your documents to HLG. HLG�s I-485 Step By Step Guide has a list of documents that we need for all I-485 filing. HLG will not begin preparing the I-485 at this time, but we still recommend that you send us all of the items on the list.
    HLG I-485 Step By Step Guide: http://www.hammondlawfirm.com/485step_by_step.htm


    What does this mean for foreign nationals who planned on filing via Consular Processing?

    We urge all foreign nationals to attend consular appointments. The Consulates are clearly issuing visa stamps to those with appointments.





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  • Patrick Lee
    July 19th, 2004, 08:17 PM
    I currently have the Canon Powershot S50 which i'm selling.
    Looking into the minolta Dimage A2 and the Olympus C5060.
    Looking to spend about 1300.
    I mainly take indoor shots . and looking to print pics as big as 11 x 17
    Got the epson 1270 printer .
    any suggestion would be appreciated..

    thanks janey
    Your choice of a D70 will give you great joy in your indoor photography for the next two years especially with the 18mm-70mm kit lens. You can tune the camera perfectly to give you the image you want. Moreover it is one of the fastest camera at this time for the price you are paying.
    The 50mm f/1.8, 24mm f/2, 28mm f/2 or the 35mm f/1.4 lens will add to your advantage for great indoor pictures without flash.

    As for people who want a SLR-like, the Minolta A2 has better features than the Olympus C-8080 in terms of zoom coverage, number of frames per second, long exposure and weight of the camera.

    A2 has a 28-200mm zoom range as compared to 28-140 of the C-8080. You can go at 2.7 fps x 3 images @ fine mode, but the C-8080 can only cope with 1.6 fps x 5 images.

    A2 has a maximum of 30 sec for long exposure while Olympus has only 15 seconds. The only advantage of the C-8080 is its marco focusing distance which is 5cm. The A2 can only go up to 13cm.

    For those who want a lighter weight SLR-like camera and do not need the speed of the D70, the Minolta A2 can be a better choice. However both cameras have fast speed lenses with the maximum at f/2.8 only.

    With the D70, you can even have the 85mm or the 50mm f/1.4 lenses for indoor photography using ISO 1600. Surprisingly the D70 has extremely low noise level even at ISO 1600, something that you cannot find in the other two SLRs.



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  • sanan
    03-08 11:31 AM
    Green Card nahin mila H1 me he Khush raho ?? ;)

    I like this...thanks form a nice afternoon laff! :D
    KHUSH RAHO ....


    Zindagi hai choti , har pal me khush raho...
    Office me khush raho , ghar me khush raho..
    Aaj paneer nahi hai , dal me hi khush raho,

    Aaj gym jane ka samay nahi , do kadam chal ke he khush raho..
    Aaj Dosto ka sath nahi , TV dekh ke hi khush raho..
    Ghar ja nahi sakte to phone kar ke hi khush raho...
    Aaj koi naraaz hai , uske iss andaz me bhi khush raho..
    Jisse dekh nahi sakte uski awaz me hi khush raho...
    Jisse paa nahi sakte , uske yaadon me he khush raho

    MBA karne ka socha tha , S/W me he khush raho...
    Laptop na mila to kya , Desktop me hi khush raho..
    bita hua kal ja chuka hai , usse meethi yaade hai unme he khush raho..
    aane wale pal ka pata nahi ..sapno me he khush raho..
    Haste haste ye pal bitaenge , aaj me he khush raho

    Zindagi hai choti , har pal main khush raho.....

    oomshiva





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  • eb3_nepa
    03-16 04:48 PM
    I found the EAD v/s H1B article quite informative, articulate and really eye-opening. I dont see any issues with posting links to other immigration sites, PROVIDED those links are not simply marketing links and DO actually provide good immigration-related info. Some of the stuff he has written makes a lot of sense and Ron is not taking the same stance everyone else takes where they advise people to stay on H1B status to keep milking them for attorney fees.





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  • H1B-GC
    08-29 10:54 AM
    This is a Tricky situation.you need Medical leave for your child but 4 months is a bit too long. Pls.contact your Attorney about the consequences of taking 4 Months leave on H1B visa.make sure your HR provides you with all the Paper work that your Attorney might ask to substantiate your leave.

    My LC and I140 approved (PD: may 2004). Applied 485 on Aug 8.
    I became father last month.
    My new born son is sick and he needs total attention for next 4 months. I have used up all my vacation and planning to apply for medical leave. Pediatrician recommends me getting medical leave and support my wife.

    I work in a very big hardware company. I have completed 3.5yrs in H1B so far.f I apply for medical leave, I may get a pay cut (like 20 to 30%). Will I be affected because of this medical leave? Are H1B's allowed to take medical leave (upto 4 months)..

    Your comments are very much appreciated.

    thanks





    GCBy3000
    01-03 05:49 PM
    It will help. I will give you an practical example.

    I filed my GC two months later than my colleagues. Fortunately they filed 485 and hit the retrogression. I did not get to that step. Now it is almost two years after they have filed their 485. Just because they have crossed that stage, they are considered for promtion and I am not though I have better experience and certifications. They bought houses and their spouses work.

    My company is ready to promote me to higher position if I can cross that 180days mark after 485 filing. If I had promoted to leadership / managerial position, it would weigh more when I apply for MBA. I will have lesser headache at home if my spouse can work and lot more.

    The best part of filing is, you could get EAD even if the 485 is pending and backlogged. You have to do nothing other than filing to get all the above perks. No need to get it approved. Let it get stuck anywhere, none can predict that. You have to cross this stage no matter what and why not at the earliest. No one can assure you even after the SKIL/CIR passage that you will not get stuck with name check / RFE /USCIS backlog etc. Why to wait then?

    I am not sure the supplimental bill helps much to provide relief. it would basically create bunch of more backlogs at CIS and would even make 6 months to 1 year for EAD appoval , causing more backlog.





    solaris27
    02-10 01:32 PM
    yes - if everything goes well

    no - if USCIS person was not in good mood .