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  • kaisersose
    06-05 11:48 AM
    That post was intended towards EB3 category, particularly EB3-India. Ever since starting of this Fiscal Year there are very few EB3-India approvals (Can anybody dispute that?). So how come USCIS used up all the visas already?? Most of the guys here always talk about EB2-India which is not highly effected category in the first place. We suppose to be taking care of effected categories.

    How do you know there have been very few EB3 approvals? There is no tracker accurate enough for us to know that.





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  • rangaswamy
    07-30 05:03 PM
    Filed paper renewal on june 12th, Received card production ordered email today.
    Ap was submitted 2 days ago.
    PD is May 06. Spouse's app was filed same time , no update yet. No FP notices.

    AR





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  • raysaikat
    07-19 06:20 PM
    Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.

    Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.

    And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?

    If your GC is approved before your wife can enter US and apply for I-485, then she can do "following to join" through consular processing. The apparent wisdom seems to be that the application has to be done quite quickly, but I had read in one website that there is no time limit to apply (it is possible that the law changed in that regard; you need to seek a competent lawyer's advice and check the current rules). I also read that visa numbers are not required for following to join; i.e., she can get GC even if PD retrogrades. Again, that could be a outdated law, or perhaps that wording was for the "following to join" procedure for the spouses of US citizens. In any case, if you act quickly and properly, there is not much to worry about not being able to get your wife into US after your GC.





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  • ksircar
    03-23 02:28 PM
    I have set up a meeting with the staff at Congresswoman Kathy Castor's office in Tampa on March 27th at 2.00 PM.

    Anybody interested in joining please PM me.



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  • jchan
    11-30 04:55 PM
    A way to estimate ROW 485 applications

    Since ROW 485's are approved rather quickly, the small number of pending cases from the USCIS report does not reflect the whole picture how many ROW 485's are submitted each year. However, we may be able to estimate like this:

    First find out the average processing time of ROW 485, then we know the pending number from USCIS report is the cases submitted for the length of the processing time. For example, if the processing time is 3 months, and there are 7000 cases for ROW pending, then we know there are 7000 ROW 485 submitted in 3 months. Then the full year demand is 28000. Maybe the report can be revised with these information to get a better estimate on the spillover?





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  • CADude
    05-29 04:58 PM
    We have to send BIG "THANK YOU" card who wrote this bill..:cool: It has written by NumberOne or Far Left Democrats or What?? Some one is smoking crack/pipe when writing :)

    Posting this since almost every thread has the question about the cut-off date after which all LCs or I-140s will be invalidated.

    http://www.ilw.com/articles/2007,0530-endelman.shtm

    Excerpt from "http://www.ilw.com/articles/2007,0530-endelman.shtm" posted earlier, the cutoff date is May 15, 2007; NOT May 21 2007. (Thanks to "cnag" for finding this link).

    ... ...
    Wait, there is more! The end of employer-sponsored immigration and the inauguration of the points system do not take place at the same time. No kidding, there are two different dates when the old is no good and the new becomes available. If you can contain your excitement and read the finer points of Section 502(d)(1) of S. 1348, you will discover that the point system does not take effect until the first day of the fiscal year following enactment, unless (and there always is one) this is less than 270 days. What then? Not to fear. In that case, the point system does not "go live" until the first day of the FOLLOWING fiscal year. Keep reading! The point system in clause (1) is made expressly subject to clause (2) which has few surprises in store. It is not for the uninitiated or the faint of heart. These tender souls should protect their blood pressure and keep on reading. Pursuant to Section 502(d)(2), only those employment-based immigrant petitions on Form I-140 filed before the introduction of S. 1348 on May 15th will remain valid and serve as the basis for an immigrant visa after enactment. So what, you say? Well, suppose that President Bush signs the bill on September 10th 2007. That is the date of enactment. Now, the points system waits until October 1, 2008, the first day of the second fiscal year following enactment. From September 10, 2007 until October 1, 2008, over one year, we will have no employment-based green cards! You heard me right friend, no employer sponsorship based on anything after May 15th 2007 and no points system. This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
    ... ...

    Thanks,
    Jayant

    http://www.ilw.com/articles/2007,0530-endelman.shtm



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  • path2success
    01-02 10:27 AM
    Hi Group,

    Am on H4 since Sep 06. I want to apply for a H1 this year. Can any one of u tell me the procedure? How long will it take for me to get a H1 and start working?

    Thanks in advance.





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  • jjava100
    01-13 03:52 PM
    I took Lufthansa and traveled in November via Frankfurt with out a valid visa and did not had any issues with the transit visa. I had visa while coming back.



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  • svr_76
    03-11 07:28 PM
    Consulate officers and immigration officers at port of entry are two different categories including their education background, training etc...dont compare them. Consulate officers are first line of defence which has to be good at detecting problems.

    I have no interest in your employment setup...question is -Are you paid while you are on vacation or [off project and still in this country]. And Whether that would be treated as valid employment for H1 candidate by the book of law.

    If employees are not reporting fraud commited by employer because the employee want to come to US..then they are party to the fraud and hence Consulate are trying to ensure that valid employments are allowed.

    If they have comeup with some requirements it would have been based on analysis of fraud reported by USCIS's H1B program itself + ICS raids + others.....

    If the H1 petition says your annual salary is X and your W2 show less than that how do you explain it? It implies either your were out of work or paid-less than promised which implies that there is a potential of employer committing a fraud....

    with me?





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  • sanbaj
    05-05 03:26 PM
    Hi,
    Here is my situation:

    Company A:
    EB2 PD Aug 2006
    140 Approved
    485 Applied July '07 (Got EAD and AP for myself and wife. I am still on H1B but wife used EAD)
    Still working with Company A and intend to work with them for another couple of years.

    Company B:
    EB2 PD Nov 2005 (Substitution labor)
    140 Approved.



    Can I interfile or do the PD porting so that I can get the older PD? If so, do I have to work for Company B?
    I dont have a copy of the LCA and I may not have the original of the approved 140. Can I use a copy of 140 approval notice to apply for the interfile?
    Do I need any kind of document from Company B like employment letter in future ?
    Does the PD need to be current to interfile?
    Do I need to work for Company B?
    Does this process in anyway create problems for my current 485 status? My wife used EAD but I have been on H1B with the company that filed for my 485.
    I already completed 180 days after filing 485. So, I can use AC21. Will this interfiling process have any impact on that?
    How would I know that interfiling process completed successfully?
    If USCIS denys the interfile I submitted, does that have any impact on my current 485 process?
    If I want to use AC21, does that new job need be similar to Company A or Company B job requirement?


    Thank you everyone..
    My case is similar to yours except for me the company was the same for both I140s. The only thing my lawyer sent with the request was the Original I140 Approval Notice on the Second (Older PD) I140 (In your case that is Company A's I140). When the AOS application was filed, the Original I140 of Company A was used. The basic content of the letter is already explained in previous posts on this thread. Read them carefully. Also, consult a prudent and capabale lawyer who has some experience in successful Interfiling cases.

    If both the I140s are approved on your name, there should be no issue as they have already done all the work related to Proferred Wage, DOL work categories (SOC codes), etc. AOS is just for adjustment into PR status on the basis of approved I140, of which you have two.

    I am no lawyer, therefore, please consult a good lawyer to make sure all your questions are answered.

    Hope this helps.



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  • anura
    04-29 03:34 PM
    Then my apologies to Tony.





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  • bidhanc
    12-22 03:14 PM
    Sorry to say, but sending mails of unresolved issues to NY Consulate is a waste of time.
    I have sent them mails every week for 2 month (yes, I did that religiously) thinking that I would clog up their system, but I guess they had the last laugh! :-)

    But hey everybody, pls do go ahead and follow the process!

    Thanks




    EMBASSY
    --------------
    Embassy of India - Washington DC (official website) United States of America Passport Services FAQ (http://www.indianembassy.org/index.php?option=com_faqs&task=detail&id=2#22)

    Passport Services - Assistance/Complaints
    Assistant Consular Officer
    Phone: (202) 939-9861

    Attach� (Consular)
    Phone: (202) 939-9832

    Consulate General, NY
    ---------------------------

    Consulate General of India, New York, U.S.A. - indiacgny.org - www.indiacgny.org (http://www.indiacgny.org/php/showHighLightDet.php?h_id=165&key=)

    Any unresolved problems with the Consulate? Please click HERE


    For unresolved matters relating to Passports, Attestations, Renunciation/Surrender Certificate, PIO, Visa etc. please send email at: cg@indiacgny.org giving details of applicant�s full name(including middle name), passport number, date of application, application ref. number, brief background of the case, etc.

    For unresolved matters relating to OCI, please send an email at: dcg@indiacgny.org giving details of applicant�s full name(including middle name), passport number, date of application, application ref. number, brief background of the case, etc.



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  • looivy
    01-21 12:43 PM
    Mailed letters for me and my spouse today to both IV and White house....

    IV members, please don't delay - send yours as soon as possible.





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  • desijackass
    07-13 06:44 PM
    i think its great that you made a contribution as soon as you got your green card. Most people would have just removed themselves from this forum and not bothered. Thank you.



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  • swede
    08-31 10:10 PM
    This is your only chance. There is no more rally later.

    If you want to wait 10+ years for your green card, stay at home and hide. (Retrogression will just get worse, I guarantee). If you want to change your future and get a GC one day please show up at the rally. We are there to show that we even exist, no need to do anything else. We need everyone.
    No one cares about people who doesn't exist.





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  • krishnam70
    04-14 11:59 AM
    So after more than a month of sleepless nights, thanks to Immigration Voice looks like my I 485 application is back on track.

    A recap of my situation:
    Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!

    It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.

    Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.

    I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
    The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.

    I have registered to be a recurring contributing member and I intend to be an active member of this group.


    My lessons from this crazy experience are:
    - Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
    - There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
    - We need to strengthen IV in all ways we can, we need to be active.
    - And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.

    I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.

    - Peace


    ps:
    Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.

    I am glad your file is back on track and kudos to IV for helping out in this dire situation. I think this needs to be a revelation to people who have been questioning IV's commitment to our cause. This case should not be construed as a template for individual calls to help for everybody. Your problem is unique and IV has been able to help. I only hope people dont start flooding the IV helpline with calls to pursue their individual cases based on delays in processing etc and then blame IV for not being able to help in their case.

    This shows collective action and an honest organizational effort will go a long way in helping out the community and we should all share our responsibility in helping each other through IV.

    - cheers
    kris



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  • myvoice23
    08-07 12:28 PM
    Hello myvoice23 ---

    How come your case is assigned to IO inspite of pending NC. I saw a post which said that NC should be cleared before 485 approval. They are planning to finish NC by Feb, 09; for all applicants whose NC is pending for than 6 months.

    I am stuck with NC...my PD is 09/2004...

    Kiran

    not sure. What I got msg from IO when I went had infopass appointment.





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  • dontcareanymore
    04-16 04:12 PM
    Do you have 10+3 (Diploma)+1 or 10+2+3(Diploma)+1. If the second case, is 10+2 a requirement for enrolling in to the diploma ?

    a 3 year diploma after 10th standard is not a bachelor degree. The US bachelor degree has 16 years of education.

    How is the equivalency justified in the evaluation ?





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  • mbartosik
    08-21 01:03 PM
    My attorney, who I deal with directly (he is part of big immigration law firm), had sent my some papers ages ago that the firm represents both myself and my employer.

    Could be that there are bar association rules for this, or maybe just this firm's policy. If it is wider than this firm, then you might be able to refer the attorney to the bar association. It would I guess depend on how much he knew, and whether he knew that you were under the impression that he would be applying for I485.

    You probably have a civil or criminal fraud case against employer, and if the attorney knew that you believed that employer was applying for I485 and in anyway facilitated this, even by willfully not returning a call until it was too late, he might be guilty/liable due to conspiracy. Conspiracy without a paper trail or witness is hard to prove. However it depends who has to pursue it. In any case would the attorney want a formal complaint against him on the record with the bar association.

    Find out if same employer & attorney did same to anyone else.

    If you pursue by yourself it will likely be costly. If you represent yourself less so, but hard work (google for "Pro Se" -- Latin for For Self, "Pro Bono" -- Latin for For the Good).

    If DoL or consumer affairs, bar association, or district attorney pursue, much less effort and cost, but less control for you.

    You must be with someone else and own attorney before you do anything.





    Kitiara
    02-11 08:59 AM
    And I'll never forget it. ;)

    That accounts for two of my votes, and a few others have said they voted for me, but I think there's one or two mystery votes. Same for everyone, really. :)





    ronhira
    07-21 10:27 PM
    this guy doggystyle piss me off, i had other things to do and was not going to attend, but he made sure that i attend and expose incompetency of these impotent people. bottom line - donna wants to be the one to testify to the congress, she wants to be famous. others are idiots and can't see this. here is what happened - total waste of time. doddy is right, could not hear more than 5 distinct voices, they use different ids to make it appear that the whole world is anti immigrant, they even said that on the call, bunch of losers

    --------------------------------------------------------------------------------------------------
    donna – put in talking points for each article.
    kevin – don’t want to look artificial
    donna – yes, no copying pasting,
    don’t want to put ourself apart from other american in it . the good thing is republicans are on the message and this is what democrats don’t know how to do. democrats are very articulate, but do not stay on the message
    core point of the talking points, want to attack h1b only, that’s the core – we are fighting to apply in jobs in our own country
    remember, the business week will post link to these h1b only wanted ads
    you will not see an american who’ll be happy to see these ads
    goto Bright Future Jobs (http://www.brghtfuurejob.com)
    durbin bill will not do enough, will only prevent these h1s to come here. but after durbin bill pass, anyone can send this job. in order to apply for a job in nj one has to through pune, india. they ask new h1b to sign bond contract, and if they leave before 18 months, they will ask to pay the fee. this is bond contract which is illegal in america since long time.
    kevin – ha ha ha indentured servants
    donna – exactly, ha ha, and durbin will prevent this bond contract, if u click on h1b wanted ads
    #7 ads says no degree required
    #8 ads this is a govt. contract and the company is minority owned - the reason we attack minority owned or woman owned company is, it’s difficult to get this status and they are violating the spirit in which they got the minority status. there is a large number of unemployed h1b, the corporation made a solemn commitment to the us americans, government and to the foreign nationals – the corporations made the commitment to pay the individual and if they let them go or fire, they fly them home. what is going on is aila is recommending to companies that they essentially intimidate h1b when they let them go, making them sign a letter that they refuse to take ticket to fly back home. this is very very important for us to know and attack
    one thing that most people don’t know - the indentured comes from the bond contract – the guest workers, h1b, will be never be deported, because, under the law, theoretically, they r never suppose to become illegal. the only people who r deportable r illegals.
    some lady voice – this is not a civil and not a criminal offense
    donna – no, because it’s the fault of the cos, bcoz the company did not fly them home. and this is one issue that doesn’t get represented in the media. h1b – that doesn’t have job, most important thing to post is – attack that u don’t have job and can’t apply for job
    the exploitation which bw is writing about can only occur when these companies can bypass us – the solution to this lies – when companies are forced to hire her
    another stupid woman – yes, the it was invented here
    kevin – yes, for green card, lawyers find ways around the process
    donna – corporation is finding work around to hire american worker,

    door bell rings… that stupid woman answering door and cause disturbance for 5 minutes, opening door, dog barking, bragging to the mail man about being on a big “conference call”….

    donna - the unifying thing is – corporations are ignoring us to find legal ways to ignore us.
    stupid woman - how to answer them on the forums
    kevin – just basically reply, and reply, and we have overwhelming numbers on our side
    when u see their comments, they have high volume for 1 or 2 days, and then they r gone. we continue to post comments sometimes use different ids and make it look like we are many of us.
    donna – we r not going to win the posting game, we don’t want to win the posting game
    we are positing similar information, and this alerts the journalist and we have to filter our messages, say we have 20 votes about the bypass of the talent, 20 points about the employment discrimination, we will alert discrimination whom we will refer to these articles,
    nyt – article got 1000 posts, and passed to other online journals,
    as soon as i started, 1 generalist quoted me and then got quoted more
    so the journalist who wrote the article, and those who comes afterwards, they read the post, that is important. we want generalist to read our comments, that we cannot apply for the job, and there is employment discrimination
    kevin – you can also send reporters direct emails, i emailed moira of bw - direct emails, and that’s how we got bw article
    donna – remember we have a track. after labor day, this is going to be up for discussion, btw, don’t even replicate u’r opponents phrases or never repeat u’r opposition is saying about yourself, so don’t say that there is no qualified americans, say we have over abundance of skill talent, in other words over supply, never say shortage, because u’ll otherwise saying opposition’s message about you. doesn’t anybody… do we want to have a discussion on that.
    kevin – we do not have to be dignified in our response
    donna - there is not a human on this planet who will believe that there are “want” ads that say –americans need not apply – that will create outrage.
    buddy – can i ask a question, i click on an add, it goes to indeed, so this is pulled from rss feed
    buddy – so i have many friends on facebook, i can tell them about these ads.
    donna – exactly, so the jobs r there but we cannot apply for those jobs. we have doj is making a ground breaking case between ‘employment right and it
    silly woman – i’ve been it manager, and know many american who
    btw – u’r emotional truth will move people. these people have over qualified beyond the job we are positing, and they do not get hired, and that’s the pattern. years ago, we barely know the material, and we learned on the job, and now it’s the other way around, we know it and we are over qualified
    another stupid guy - they fake resumes, and they say on the resumes that they know about oracle rake and unix admin, but they don’t know anything
    donna - we are laying the groundwork about the washington beltway mentality, if have to make it look like that employer deliberately pst ads
    everyone here on the call has historical record, honest to god. i have a good news, we r standing up for ourself, to tell this story of bypassing the american talent, and that’s what brighfuture jobs is about. that’s what durbin bill will do for us. there are couple of people who will focus on foreign citizens. two things (1.) they will hear from us, and (2.) whether we need guest workers at all, will be taken by afl-cio will pick up. but what we will do, we have absolute unique role to play, we will explain how the culture the bypass impacts us, and the culture of exploitation impacts us. we r the only once in the country who can tell this. there is going to be a discussion in beltway about “whether”, but american worker and american it professionals
    no one said that - no foreign worker can come here – that’s not the message – it’s the bypass and exploitation.
    donna - no there will be a discussion about no foreign work can come
    don’t ever say – h1b is when a qualified american worker can not be found. we have to say that h1b law is about the bypass the american worker – the “discussion” will be about commission – anybody heard about that. the unions are setting commission whether or not we need guest workers – theoretically, and we will come up with the stories, boots on the gound, to show them the data the fuel, makes sense? they can have their tea and whatever stuff, and we will bring the bonfire.
    kevin – that nyt story about that google supposedly employee, we have to post messages there,
    we have to say that – there will not be an american and naturalized citizen, who say -that its ok to exploitation. there is deep deep discussion about who is an american. alf_cio has broken the opposition, but they r talking theoretically, and we r giving boots on the ground –
    employers r not giving us the opportunity to compete – it’s the responsibility of federal govt that we are able to compete.
    buddy – most of these jobs are it. someone in background in it can pick up even if there is new technology, but we r shut out by people with lower skills
    donna -you r wrong, u r not shut down by people with lower skills, but by corporations
    buddy – say 4 h1b workers replacing 1 american workers, they network, and team up to help each other
    donna - no, u can argue the cheap, that’s ok, but u cannot argue about losing the right to compete. americans love cheap labor, but we have to focus on americans not being able to compete, its not about low wages.
    mike – if u’r real american u cannot work for the 3rd world rates
    donna – if u’r real american, u’ll make that corporation compete for these jobs locally. if u want americans, u want to create competition amongst americans here.
    when a blackman would work for 10 cents, and white man work for $10, they would choose whiteman, they choose whiteman – because they were
    so if u want to argue about wages, that’s cool, u r telling people u’r competing for the job. but the focus has to be on the right to compete.
    this guy rajiv was replaced by h1b when he was on h1b. ha ha ha (everyone laughs)
    find an american who don’t think its ok to find the people to right to compete. we have not said this to the lawmakers. the moment we tell this to the lawmakers, they will be 100% on our side