Monday, June 27, 2011

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  • Munshi75
    03-21 11:41 AM
    Pl respond





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  • ivy55
    03-26 05:54 AM
    Anyone in Delaware please reply





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  • neverbefore
    07-14 11:38 AM
    Your spouse applied for H4/H1? Which one?

    Applied for H1B. We already have the H1B approval notices. We also have EAD/AP. Still we got dragged into this.

    The H1B sponsoring company is a large and famous Biopharma company with billions in market cap. AOS is also through the I-140 from that company.

    Everything is way above board for us. Still we got stuck!





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  • hopefulgc
    07-27 05:42 PM
    and u are saying this coz u r a programmer for uscis?

    A common misconception.

    Approving 25000 485s that were already processed and sitting in cold storage will take less than a minute.

    Approving meant simply running a program that assigned a visa number to a processed case in a loop that ran 25000 times. Such a program will complete in seconds. The paperwork for these 25k approved applications is going to take months and online updates of 485 approval are still trickling in.

    So there was no new found efficiency in USCIS as many seem to believe.



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  • harikris
    05-30 06:14 PM
    I am amazed at the participation.
    What does such a response mean?
    To me, it is evident that IF the action is clearly defined AND some one has a clear mandate, then people will come together to participate and contribute.

    I am tired of hearing how the loopholes in the immigration system are taken advantage of. If we focus on increasing the cap for Indian EB category [across the board] and recapturing the lost visa numbers, then the remaining problems will take care of themselves. For this, we need to lobby until we get a reform legislation to pass.

    And for people that are furious that a very small percentage of folks are taking advantage of the system, i urge them to look at the majority of the people that are leading a honest life and take solace. You are not alone in this journey. And don't let lack of GC put a damper on whatever you wish to do. Get creative and make use of the same legal system to achieve what you want. You are in the same framework as those folks that are taking advantage of the system are. Work the system in the right way.

    I have neither met a honest person that has ultimately lost nor a dishonest person that has ultimately won. Please have some self-confidence and self-respect and keep fighting for what we truly believe in. When you hit a low point share your experiences with others here - in a productive manner.





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  • vghc
    07-25 11:04 AM
    I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.

    Look back and recall the time when you told yourself that if you ever made it to the US, you are going to visit place A or do thing B. Go kayaking, enjoy the countryside, join a hiking group, play some sports and etc. Don't think too much of this GC thing, it'll never come next month or next 6 months, so stop wasting all your energy on something you can't control. Make full use of your time here. US have lots to offer us if we just let go and start enjoying life. Good Luck!! :)



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  • sbabunle
    03-17 01:36 PM
    Hello Everybody
    This is my first post. I worked my ass off to get a favorable
    solution for retrogression during the budget bill. But as everyone knows it was defeated in the house reconcilation. I'm not being pessimistic but my gut feeling is that eventhough senate comes with something, the chances are slim that the house would agree to it. Sensenbrenners bill which house passed has no provisions for EB immigrants and backlogs. I'm pretty sure all of you are aware of Mr. Tancredo's fury against immigrants too.

    Having said that I dont mean we have no way out. We have to work very very hard. We have to raise money and do some hard lobbying. But above all we have to get our employers to back this issue. With all of the above reasons I think it might be a very bad idea to guess we would have any favorable legislation in a shorter span of time. So we have to plan something for a longer period of time and execute it very diligantly, I guess.
    I think Immigrationvoice is on the right path... Lets face it people!!!

    thanks
    babu.





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  • badlucky
    05-14 06:23 PM
    hmm, i think munnabhai did the right thing.

    sometimes people give irrelevant advice. one guy asks im getting divorced, what shud i do with respect to 485? if people tell him, stop worrying bout 485, focus on ur life and fix ur marraige, then its not helping him from a "forum" perspective.

    thanks



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  • gcpadmavyuh
    08-22 10:16 AM
    Most of us do not have access to Aila's articles.





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  • JunRN
    12-18 09:46 PM
    Fraud is usually about lie. If you hide a material fact from USCIS, that is a lie by ommision; and becomes a fraud if it was done intentionally. Changing employment while on EB GC application is a material fact and would matter much when USCIS decides on your case.

    Usually, this kind of ommision is found out when the individual applies for another immigration benefit or for Naturalization.



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  • paskal
    12-20 05:30 PM
    if the entire quota for EB2 is not allotted in a year, then the numbers are being sent down depite retrogression in india and china. that is how you know. every visa allotted to EB2 should be used within....if there is extra it's used by india/china.



    The devil is in the details....What do they determine during the year that there are additional visas available ??? In that question lies the whole issue...
    The state dept. would not give the number usage statistics until the year has ended..The laws say something...the Babus in Washington interpret it in their own way and donot explain anything....How do you make them tell their interpretation ????





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  • glus
    08-15 07:28 AM
    People can show someone elses fedex receipt and claim that they too mailed their application. How can USCIS find out which fedex receipt is for what application?

    You can't. No lawyer will do so as this is fraud. If uscis is able to track it down, ie: they kept the envelope, then such a person is in trouble.



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  • qvadis
    12-29 12:14 AM
    Being on the other side (EB3-ROW) I read the law a bit differently ;-)

    In short:

    - INA 202 (a) (2) establishes a 7% country limit for both FB and EB categories together and per fiscal year.
    - INA 202 (a) (3) allows to make unused visas available per quarter in excess to the 7% country limit.
    - INA 202 (e) specifies that any visas in excess to 7% must be distributed equally to FB and EB, and each sub-categories.
    - INA 202 (a) (5) gives preference to EB (over FB) and determines the allottment for additional visas with preference to EB1 over EB2, etc.

    INA 202 (a) (5)
    If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.


    I guess the question here is, what does "visas available" in conjunction with INA 203(b) mean.

    INA 203 (b) (3) (EB3)
    [...] Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2) [...]


    The way I read it all this is that the rules in INA 203 (b) (1)...(5) should be applied first before INA 202 (a) (5), ie. additional visas are only available if EB-3 ROW is current.

    So, the allottment should work as follows:

    Any unused visas in EB-1 (with regards to 7% country limit) will spill over to EB-2, and unused visas from EB-2 to EB-3, etc. If there are still unused visas, they will be used for countries that are subject to the 7% limit, first in EB-1, then EB-2, etc.




    Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. [...]

    INA 202 (a) (3)

    Therefore, the 7% country cap had always been �soft� till year 2000.

    (*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)



    I would disagree with the premise in your note. You could also read it that the 7% applies to the sum of both FB and EB categories: "[T]he total number of immigrant visas [...] under subsections (a) and (b) [...] may not exceed 7 percent [...] of the total number of such visas made available under such subsections [...].�

    Subsection (e) actually seems to suggest that any additional visas have to be allotted proportional to FB and EB categories:

    [I]INA 202 (e)
    If it is determined that the total number of immigrant visas [...] will exceed the numerical limitation [...] visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
    (1)
    the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);



    After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.


    I guess the important phrase in the law is IF ADDITIONAL VISAS AVAILABLE. You seem to interpret 203 (b) as only up to 28.5% are available without the ones spilled over from higher categories.





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  • Berkeleybee
    02-26 09:52 PM
    Sure, why not.

    Can you have one of your students come up with some Chinese text for us? An 8x11 poster's worth? We can place that pdf in our resources section.

    Here in the East Bay, the Pacific East Mall (incl Ranch 99) would be a great place for this.



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  • TajMahal
    10-01 06:43 PM
    July 2nd filer.

    Transfered from NSC to CSC. My bad luck. Didn't apply EAD, AP. No news on FP. I heard that CSC processes FP lat than other centers. I know my neighbours got FP notices who filed a month later from NSC.





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  • Saburi
    02-12 04:56 PM
    As you said I 485 filed + 180 days. So you are out of danger.

    1. You can check if your I 140 was revoked using your LIN number for I 140 if you have one
    2. To safely use AC21, find out your job title, job description and salary mentioned while filing your I 485
    3. Your I 140 should be approved
    4. then you can use AC21 with H1B transfer or with your EAD. I would advice to use AC21
    5. your sponsoring H1B employer should mention the same job title and job duties as it is mentioned in EVL (employment letter) while filing your 485
    6. If you have hired an attorney he would then send a AC21 letter(just a formal letter) with your new offer letter, with your 485 receipt number and 140 number (if you have).

    That should take care about your AC21.

    Good luck.

    Thanks a lot bro

    LIN # is that the Reciept Number for I 140 if yes then the online status on that says "Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

    Current Status: Approval notice sent.

    On July 26, 2006, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
    "

    but this got a soft LUD on 12/30/2007 but the message is the same as it was ever.

    which is also a Answer to your Question 3.

    But the only thing is my lawyer did not file any job offer letter while appling for my I 485 as i did not had any as i did mentioned we had a disagreement and the employer is not willing to give me any letter.

    but my current employer is a best person to work with and he is ready to help me at any extend he will not mind doing anything which will help me getting my green card.

    Please advice if this could be an issue not having the employer letter while filling the I 485.

    Thanks



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  • kumarc123
    11-22 09:08 AM
    I have talked to IV leadership and they have agreed to hold a rally in March 1st Week, if sufficient numbers indicate willingness to participate.

    http://immigrationvoice.org/forum/showthread.php?p=303461

    So can we please stop blaming IV leaders and start showing them our support by indicating our support?

    No one is blaming IV core my friend, but we all need to unite and do something big. We cant just wait for our partner to do something.

    Yes, we should hold a rally in March in DC, and what we should do is, members who agreed to come and join us good enough,


    The ones who are lazy, can continue to be lazy , you all have seen the bulletin and EAD is not green card. You are welcome to take your lazy chances,


    I thought INDIANS were to stand together and fight a battle, this is a battle for the justice of immigrants in this country. I understand and I am versed with life in America, it is stressful. But think for a moment,will the green card make it better? If yes then join us.



    This time we will use a different approach.


    1. We will have banners on DESI stores
    2. We will collect money from IV members.
    3. We will contact the media for attention


    Lets do this,

    Good Luck





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  • mbawa2574
    07-07 07:19 PM
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    07-07 06:16 PM
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    mallu
    11-30 06:39 PM
    Because the USCIS did not implement name check procedures properly in the first place - they are not required by law and are not codified in the regulations, the USCIS can implement new procedures simply by issuing inter-office memorandum. One day is enough to do this. I anticipate this may happen within the next two months, more likely early next year. But one can never predict the USCIS, it does not have logical behavior :)

    Meanwhile one of the comments to the blog , http://blogs.ilw.com/gregsiskind/2007/11/immigration-dai.html#comment-91879090





    punjabi
    08-28 04:15 PM
    hey guys...

    I read this amazing thread and I am feeling terrible guilty of not going to DC for Rally. I thought contributing $100 was enough.

    YES, I GOTTA GO TO RALLY AND BE A PART OF THIS EFFORT. AND I WILL GO.

    Guys: If IV wins and we are able to change the law.....and then someone comes across you and ask:

    "Did You help?"

    What will be your reaction? Will you pump your chest out and scream "YESSSS..."?

    I know, I will. How about you?