Tuesday, June 21, 2011

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  • BumbleBee
    08-02 02:32 PM
    Hi Guys I'm pretty new in all this and i've been following this discussion and perhaps someone can help me.... here is the question.... Do I have a visa number available ?? If so why am I waiting that long??

    here is my story:
    i'm EB3 world - got my labor pd is 05/2002, and I concurrent filled I-485/I-140 on 05/2003.... already made 2 fingerprints..... I-140 was approved on 12/2005 (TSC).... i renew my EAD every year since I filled.

    if what you guys are saying is correct that in order to accept the I-485 to be filled USCIS need to have a visa number available to the applicant.... y am I still waiting?? :confused:

    thanks for the help and i'm sorry in advance for my lack of knowledge :)

    When you filed your I-485, there were VISA numbers, which in theory could have been used to grant you GC( I-485 approval ). But, they didn't act quick enough on your case to approve it, instead they worked on other cases and approved those, meanwhile, they got thousands more request for GC(Visa number ), and they started giving it based on priority date.

    Had they known there will be thousands of applications of older priority date, they wouldn't have accepted your application, as they can not approve it. But they didn't know, hence accepted the application. Now, it would just sit there till more numbers are availble and everybody who has priority date before you gets GC.

    Everybody who has priority date prior to your priority date is technically ahead of you, even though they have not been able to file their I-485 yet, hence VISA number would go to them first :D

    Anybody who hasn't yet filed 485, willl have to wait till the VISA bulletin passed thier PD.

    BumbleBee





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  • pranavgandhi
    07-18 02:05 PM
    Type 2001 2002 2003 2004 2005 2006 2007

    EB1-All 41,672 34,168 14,453 31,291 64,731 36,960 26,697
    EB2-All 42,550 44,316 15,406 32,534 42,597 21,911 44,162
    EB3-All 85,847 88,002 46,415 85,969 129,070 89,922 85,030
    EB-All 179,195 174,968 82,137 155,330 246,878 159,081 155,889

    EB1-I 3,543 2,820 1,266 2,998 6,336 3,156 2,855
    EB2-I 21,355 21,310 8,536 16,262 16,687 3,720 6,203
    EB3-I 16,339 17,354 10,647 19,889 23,250 3,006 17,795
    EB-I 41,720 41,919 20,818 39,496 47,160 17,358 26,853

    Overall EB3 has got more numbers than EB2 in last 7 years for all and india specific grouping.
    All this numbers are I485 approved.
    Do you have any idea on numbers which can show how many application(PERM,I140) by Priority date (year) so we can predict how many EB2-I or EB3-I are waiting for given year.





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  • rockstart
    03-12 11:56 AM
    How do you guys find out what job code your H1B/labor was filed under?
    My H1b saus 030, but I think the job is a 6 digit number.

    Where can I locate that?

    Thanks


    Check your Perm Labor Section F column 2





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  • tabletpc
    12-20 04:42 PM
    ..Yes, I did. In fact, many times...""

    Then go have blast tonight...you are perfectly fine. Atleast now can we laugh..!!!!:)



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  • suriajay12
    02-19 06:56 AM
    How exactly are illegals going to prove that they have been here for more than 5 years?

    I think this is a good one. It supports legal immigrants.
    I dont agreee with this dvb guy. 5 years legally is lots of time. And I now know people who are 10-15 years here. He will want to say the same tthing even in that case. Instead learn to rationalize and make sure if one thinks one is eligivle, then see how one can get included.crab behavior, the one at bottom pulls down the one thats climbing up. Finally both end at dinner table.





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  • vivid_bharti
    05-06 05:08 PM
    We thought the same way 3 years ago, 2 years ago, and last year too, but nothing happened, it could be another year and we could be sitting here in same situation 2 years from now. Question is when IV has already collected money for FOIA request than why it is not proceeding in that direction ? We get it in time or not is not the question now.... Its too late. I am sure in coming 15 months whole immigration system will be changed. May be we will see point based system or something different. And at that time information will be no use.



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  • ghost
    08-12 07:22 AM
    what is the percentage you are looking ? 50 -50 ?I know thousands of people who can write a check for 10K to support any law that can give them a GC in the next 3-6 months..

    Here is the thing: We all can write 10K checks to get a GC in next 3-6 months but things don't work that way...small persistent steps lead to assured success...see if you can get the people you know sign up for a 6 USD per week recurring donation, it takes 5 minutes of their time.

    This is like having one subway sandwich per week for 6 months, the key is to do it persistently every week/month. Thanks!





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  • unitednations
    12-21 10:52 PM
    Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.

    I don't agree that a person hasn't violated status unless uscis io informs the person.

    If a person is here legally but not maintaining status (ie., unexpired I-94 card) but not adhering to the terms and conditions then the I-94 can be revoked by an IO in adjudication of immigration benefits or an immigration judge. This would mainly happen if a person is trying to extend h-1b or change employer and there existing i-94 card is still valid but immigration officer determines person wasn't maintaining status. They will not only deny the I-94 card in the new petition but they can also revoke the existing i-94 card. They very, very rarely do this.



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  • mpelland
    03-02 04:00 PM
    i am going to have to sadly bow out of this . got a lil done but don't have the time. have fun everyone





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  • gandalf_gray
    06-08 11:36 PM
    Here is what I would do:
    - Fast track the H-1B application using premium processing so that you know for sure whether you have it or not.
    - If they approve your petition, it will have a start date of Oct 1. Since your L1 is expiring in Sept, they will not approve the change of status. So, you will get the approval notice without the attached I-94.
    - Once you have the approval notice in hand, set up an appointment for your H-1B visa in your home country. Leave the country before your L1 I-94 expires.
    - Get the H-1B visa and come back in Oct to work for your new employer.

    If you decide to do the L1 extension now, then you get into issues of which petition was approved last by the USCIS - last action rule. Keep it straightforward with minimal complications so that your future applications, such as GC, are also less complicated.

    Also, a word to the wise - make sure you are not unpaid/on bench, no nonsensical bonds etc. when you come in on H-1. These things create unnecessary complications in the future.

    Thanks AMGC. need one clarification.
    do you mean to say that because my L1 is expiring in September, the COS will not be allowed, but the H1 itself will be approved ?
    or will it be like because L1 expires before Oct1, the entire h1B petiton will be rejected outright ?

    I have this thread on this topic.
    http://immigrationvoice.org/forum/showthread.php?p=253917



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  • logiclife
    01-16 04:18 PM
    I just got the word from our treasurer that the IRS has approved Immigration Voice as a non-profit organization of 501 (C) (4) type.

    This approval means that IV will not have to pay tax on the contributions recd from our contributors since IRS has approved that IV is not for profit organization.





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  • belmontboy
    05-23 02:24 PM
    I am not jealous of computer workers, I pity their life, their overall ignorance about things around and their unwarrented arrogance.

    what do u do for a living man?



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  • gc_check
    07-29 01:19 PM
    Given the unemployment rate and also the current market condition, it is not really favorable for starting a Green Card process (Labor/PERM) if you belong to one of the field, where there are adequate number of people already available. The recent economic conditions has flooded the market with many people who might qualify, as the requirement is to accept any US Citizen/Perm Resident, if one has the minimum qualification, even if you do not have all that is requested for. Future GC holder might like this provision after GC !! It is now become even difficult to prove that no matching candidate was found. If you are eligible for EB1/EB2 (National Interest Waiver / Exceptional Ability) where you can get a waiver for labor and go for I-140 directly, then you have a better chance. Sadly (IT/Consultants) etc do not come under this, unless you are that exceptional with many patents, etc.. and have a better designation in the organization. Even couple patents would do no good in this case :(. One of the first step for GC, is to prove that it is not adversely affecting the US Citizen/Permanent Residents already in the country and if the HR is sure on this, they can't prove that no US citizen is available, they will not process GC. Remember the TARP Funded companies had restrictions imposed on them. Some of the companies listed are all good corporation that do thins per the law / books. Well, unless it is a small body shop totally rely on Consultants / Non-immigration worked for any reason, big companies will not spend extra $'s to get the Attorney's to be more creative to get through the process. When supply is adequate, they do not care. Unfortunately this causes so much stress / difficulty for the applicant going through the general EB3/EB2 (labor) category and USCIS slow processing and loop holes that were not addressed in the past but addressed now (Labor Sub. / Diff. process window in diff region, when people with later dates go through first,) per country limit, lost visa numbers cause enormous delay and added stress, but irrespective of all this, people still make it through eventually. A little patience and being persistent and take right steps will help regardless. We all know, the system is bad, complaining against it would not change. Work on making some positive influence on the system and even you fail many times, with each failure you go one step closure to achieve your goal. There were some success/relief that was obtained with the efforts of IV and the likes.. some set backs, but things will change for good. Sadly, due to lack of time, some people get affected the most and others not so much. Thatz life and real !!!

    In your case, It is sad, they will not do GC as you were told at the time, when they hired you. But the reality in this is country --> Employment @ will and if you go through rest of the documents you have received, you will also see another clause "Either party can terminate the employment relationship, with or without reason with 2 weeks or without notice" depends on the company wording /time might change. Keep trying for alternate option that will help you get what you want.





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  • satyasrd
    09-09 12:48 PM
    Thanks for this post. I was about to post something similar myself.

    Seriously what is EB3 I thinking ?!? Pretty soon it will only be them stuck in this mess.
    I know several who have literally substituted their EAD for their GC and settled down comfortably. Absolutely ridiculous !

    EB3 seriously needs to wake up.



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  • nixstor
    07-05 12:47 PM
    Lets stop this thread and core decide about this ( who are running IV )

    This is creating lots of discussions and nothing will come out apart from
    wastage of our time... I mean we get attracted to a spicy thread like this automatically and the end result is 0

    Spciy thread?? This is not spicy. This is serious stuff. I am not the OP, but the subject of the thread might be spicy to some folks. This discussion has come so many times. Atleast now we see that we have equal number of people split on both sides.





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  • gcisadawg
    12-16 05:50 PM
    Can you imagine, Microsoft getting a RFE from USCIS to show "ability to pay"! We have so many people yelling on these forums because companies do not have the ability to pay to these "highly skilled workers".

    Kumar1,

    You never know. GE was considered the bluest of the blue chips! Look at what is happening! Within no time, it fell off the cliff! How many storied wall st. investment banks are left standing? If open source takes off with real wings and an efficient replacement for MS-office ( already started to come) arrives, MSFT itself may not be there to answer 'RFE' issues...

    Btw, I believe we are here because we are needed. High skilled or not is a different issue. For some, nothing is Rocket science except Rocket science itself! Why would anyone give us a H1B visa, renew it year after year and allow us to apply for Green card? They can easily pull the plug by

    1> Stopping all future H1Bs first...No more H1s from Fiscal 2010 onwards.
    2> Existing H1Bs who havent applied for a GC will not be allowed and have to go after the term ends. ( you might see H1B substitution where a guy with 5 years left on his H1B can trade for the highest bidder)
    3> Existing H1B who have applied for GC and in various stages of processing....would either be rejceted OR asked to re-start the process under stringent guidelines.

    US should be doing all or some of the above if they think H1Bs are NOT needed.

    Peace,
    GCisaDawg



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  • gjoe
    09-19 11:14 AM
    Good work everybody , you guys have made this rally a great success.

    I brought up this issue of standing out a legal immigrants in one of my posts, but most of them in the forum said they wanted to wear the IV T-Shirt.
    I can help with things to do with psychology or mass communication, please feel free to contact me through PM if you need my services. I am not a trained professional but it is my hobby since a long time.

    QUOTE=gjoe;157591]I would agree with idea of dressing professionally. We need not carry laptops and stuff like that but a neat formal dress would send out a clearer and bolder message about skilled immigrants.
    We are a small crowd ( legal immigrants) we have to differentiate ourselves, the least we can do is dress formally. Formal dressd, organized and well behaved crowd will garner lot of attention (the right kind) and serve the purpose (of the rally).


    Thanks,

    PS: All this advice is based on my knowledge about human mind and social psychology.[/QUOTE]



    First, I would like to congratulate everyone who contributed to the success of the DC rally on Sep 18, 2007...

    I was there and I am proud of our ImmigrationVoice members for this FANTASTIC effort!

    We are just starting and taking baby steps with these kind of activities...So, anything I mention below is not a critic, but a humble feedback/opinion...Please don't get offended.


    1. We must immediately change our name to LegalImmigrationVoice.org( LIV.org)...But still Immigrationvoice.org should work....This should be done ASAP...like within next week...Please conduct a poll for this ASAP.


    2. We must/should always wear formal suits for these kind of rally....this would definitely give us a very high status and definitely there will not be any confusion if the rally is by legal or illegal immigrants. Even if it is hot summer, we must stick to this dress code...


    3. In all the signs we had today, we need to have one line clearly in bold as "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants" - bold and clear..

    Also, all our T-shirts should have
    "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants" in the back

    4. One of the rally participants told me that a guide was telling a tourists bus passengers quote "these folks are illegal immigrants...", the rally participant who heard this went to the guide and explained that we are legal immigrants...if you think the guide is not smart enough to read our signs and understand that we are legal immigrants, read next point...

    5. On the rally route, one gentleman, who was dressed in suit, looked well educated came up to me and asked what we are concerned about...I told him that green card process for Legal Immigrants is taking between 5-10 years and we are requesting to expedite it.....so it is clear that all our signs need this text at the bottom "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants"


    We cannot be perfect the first or second time....Lets learn from this rally....


    A pat in the back to all those who attended the rally....

    Good Luck





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  • ashkam
    07-28 08:11 AM
    It's India Pale Ale, not India Pale Beer. Lord Ganesha would be shocked at your ignorance.





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  • pappu
    01-10 12:20 PM
    volunteers to post in those above listed forums or to search forums ?
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    alex99
    07-11 01:50 PM
    Request More Eb3 Guys To Participate......

    Please....





    mihird
    07-09 03:58 PM
    I dont think legally you can sue someone, because they have worked harder.
    I posted this link , so that everybody may know the legal reasons, which we can present in a court of law.

    If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.

    I till now personally believe , that the USCIS/DOS hasnt broken any law.
    They may have however changed a pettern,process , but no law has been broken.

    It took them 6 months to consume 66K visas and then another 15 days to process another 66K.

    It is reasonably safe to assume, either correct procedures were not followed in the past or were not followed in the last 2 weeks. Only a judge can order USCIS to elobarte on what processes were followed in the last 2 weeks (FBI name checks and security clearances skipped...etc. etc.)

    They made people expend (or rather waste) millions of dollars in preparing the paperwork...and then changed the process abruptly on July 2nd..with no advance notice...they could have published a guidance in the July bulletin itself of this possibly happening, if not published a guidance sometime later...

    There is no doubt, that the entire chain of events were premeditated...and the communication mix-up as claimed by Condoleezza Rice on TV was a deliberate one..

    I doubt if this will all fly in court...they certainly owe the millions of wasted dollars and thousands of wasted hours in preparing the paperwork, back to the applicants/attornies...at the least...

    Keep in mind, the AILF rarely files a law suit against the government, and most of their law suits have had favorable outcomes..