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  • pappu
    11-25 03:46 PM
    Immigration Voice is releasing the analysis of the information for the community. You can view the report at

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36


    We are putting together a list of recommendations about this data for our next meeting with USCIS. If you have suggestions, do post on the thread. We would also be updating this report on regular basis as the data is updated on USCIS site and numbers change due to approvals/pre-adjudication/field office data/ CP and spillovers. The visa bulletin movements will also be compared against the report and checked with USCIS and DOS.

    Team IV





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  • Rajk
    09-10 02:26 PM
    A Google search on Yates memo returned this link http://www.shusterman.com/pdf/ac21-51205.pdf.

    I was particularly interested in wage difference issue, and above memo (Section I, Question 5) is vague in this regard. It states something like "Substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is same or similar". It is not clearly defined what is "substantial discrepancy". But if you take a look at Murthy's website at http://www.murthy.com/news/n_yatmay.html, it conveys that wage difference is usually not an issue.





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  • sandy_77
    04-25 09:31 AM
    Dear Administrator (Pappu)...How should I contact you. I had previously emailed at info@immigrationvoice.org (on 4/20/2008) but did not get a reply.

    Thanks for all the replies guys. Believe me I have tried everything possible to try and expedite this security check process. I contacted the news channels and news papers (ones you guys mentioned and more) but no one even dared to reply. I firmly believe that most of the media in India is extremely sympathetic to US and they do not want to disturb the status quo. Otherwise what can explain this complete lack of any news coverage given the number of people who are suffering. Please also read the security clearance tracker at http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=772108581
    Given the number of people who have read these forums and documented their situation, you would assume that there must be at least one news item covering this situation. There is none whatsoever. Everyone on H1B is now afraid to go out of US and most of those people who wanted to or needed to get their passports stamped are thinking again. This essentially means nobody on H1B visa should think of visiting their families and friends outside US if they already do not have a visa stamp with sufficient time. Initially I thought mostly guys with muslim names are getting stuck but now it is confirmed that if your name is Amit Kumar forget about stamping as you will have to wait for 3 to at least 8 months. I have a hindu name and so do lot of others who are stuck. The situation I think became worse since January 2008 when most visa officers were asked to apply not only PIMS checks but also TAL checks strictly. So if your are a chemical engineer, biotechnologist (unfortunately I am engineer working for a biotech company) and any other job that a Master's level student (mostly with none IT degrees, but not necessarily so) can take in US, you will have to go through TAL check since every type of advanced skills job is listed in this TAL list. How dumb can the US government departments be by issuing such a list without adequate training of the visa officers to understand what represents a threat versus what represents some advanced skills work being done in US which will allow such work to remain in US.
    I am extremely worried because I don't know what will happen to this backlog when newly issued 85000 H1b professionals will go for stamping.
    Guys this situation needs urgent attention since DOS has started seeing every body with an H1B as a threat to the nation and this notion has to be dispelled. I am not saying that they should not apply TAL checks, but these should be applied to only those who are working on some really sensitive technology and to determine this DOS should have a technologist to review the resume of such a person rather than an Visa Officer. DOS doesn't even respond to my emails. My last hope is the US senator from my area that my company has contacted to help. But given the experience of others at the murthy forum, even this does not shake the mighty all knowing DOS.





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  • GCBy3000
    05-22 04:04 PM
    I came to US in 1999 and for a month I did not get paid. I switched to another company and they filed me new H1 instead of transfer. From then, every H1 transfer I need to provide lots of documents to attorney and answer several RFE's for each h1 transfer. Being out of status(not illegal) concerend me a lot but now being illegal is the better than being out of status.

    Having paid taxes for all the eight years and playing by rules does not help in America. It is so ironical now to see how legal people are digging their way back in time to find a period for which they wanted to be stamped illegal. All these days legals tried to cover up, but they are now PROUD and HAPPY to find such periods. The WORST is the poor fellows who have not even stayed illegal/out of status and played by rules 100%.

    GOD BLESS AMERICA. Becoming illlegal is very easy, but if you want to be legal and get the GC, then it this is not the land.

    Its funny that we tried so hard to stay legal. Now we trying very hard to find out ways to become illegal.



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  • aroranuj
    04-15 08:57 PM
    Hello All,

    I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.

    "A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.

    Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.

    However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"

    Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.





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  • royus77
    06-19 02:57 PM
    I guess most of the folks here are busy preparing to apply for 485. I have different problem here.

    My employer's attorney is charging me outrageous fees of around $5000 to
    apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.

    Do I have any other options. How much do they charge usually.


    Same with me My current attorney increased the fee overnight and luckily my employer is ready to work with others. find another one today and sent all the documents ( my 140 was already approved and available with me ) ..Dont want to take any risk with the 485 filing .....so hired another attorney



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  • fearonlygod
    02-12 01:54 AM
    thanks mhtanim....

    It seems that i can file tax using form 4852....but to do if he send legal notice claiming that i have made losses to him worth 25 K....i had good relation with client , gave app notice and also have refe letter from client (received award form client)..........so there shud be no point for liquidation thing and also i have all previous employers emails acepting my receignation and notice period...





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  • mn1975
    05-13 04:39 PM
    there is something like fiancee visa, please search for more details on that
    thanks



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  • ashneels2001
    12-12 08:46 AM
    Eagle,

    I have been reading all the valuable suggestions being provided to you by the senior and exisiting members of immigrationvoice.org. I feel your pain and frustation. I would like to point out a few things which no other member did so far for you:

    Your application has been denied. I am sure you have already filed an MTR unless its ready to go out in the mail. If you are lucky your MTR will get approved or it will be sent to AAO office which is taking roughly 18 months for a decision.

    My advice to you is to file a brand new I140 EB3 application along with your MTR as that will allow you to maintain your priority date and start a new I140 application. Consult my advice with your attorney and see if he agrees to what I suggested. If he does then he should not charge you a consultancy fee as that advice would have come from you not him.

    There is no way any credential evaluation agency can equate a Indian BCOM degree to Bachelors in Business Administration in USA. If you center was NSC they are known to deny cases such as yours. TSC is following their footsteps.

    In your appeal you need to concentrate on your Masters Degree as that was the requirement for your job profile on your LC.

    You need a strong lawyer in your case who can justify and question USCIS decision. Feel free to ask me any other questions related to my advice.

    My best wishes to you!





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  • amitbhatia76
    09-05 06:02 PM
    why the letter says 765 copy when the application is for 131/AP?

    Date


    To,
    The Immigration Officer,
    USCIS,
    (processing center address)


    Re: Application for Travel Document.


    Dear Sir/Madam,

    This is (YourName), I have e-filed for Travel Authorization Document (I-131) receipt number XXXXXXXXXXX. I need travel document to travel to India in the month/year to attend marriage/or some story.

    I am eligible for travel document based on pending 485/AOS receipt number xxxxxxxxxxxxx.

    Attached are the supporting documents. Please feel free to contact me if you need any additional information.

    Documents Attached:
    I-765 Receipt Notice
    Passport copy
    I-94 copy
    I-485 - Receipt Notice
    Previous Travel Document copy
    Drivers License copy


    Thanks,

    Name
    Address
    Phone
    Email
    I- 485 Receipt Number XXXXXXXXXXX



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  • pavish
    08-31 08:41 PM
    I cant seem to open the article. Are others having the same problem?





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  • jethro11
    04-20 09:10 AM
    Hi,
    I will be traveling during May to India (Bangalore) with a 3 hour layover in Frankfurt (Lufthansa). Is there anyone who has just returned through frankfurt without a transit visa?
    What is confusing is that on the Indian website of Lufthansa it says that "Expired Visa with I797 extension notice accepted " Check out the last line in bold font.

    ----------------------------------------------------------------------------------------------------
    Transit Visa Regulation for Indian Residents

    In order to ensure a smooth and hassle free tansit through two Schengen States or when booking a Journey from India to USA via Canada, please pay attention to the transit visa regulations.


    Indian passport holders in possession of a valid visa to USA and traveling to USA via Canada require a Canadian Transit Visa.
    Routing Example : Bengaluru - Frankfurt -Toronto- Newark - Frankfurt - Bengaluru

    In the above routing, the indian resident would require a Candian Transit Visa even if there is no stopover in Toronto.

    Indian passport holders in possession of a valid visa to their final destination, but transiting via two Schengen States, require a valid Schengen Visa.

    Routing Example : Chennai- Frankfurt- Paris -Chicago- Frankfurt- Chennai

    In the above routing, the Indian resident would require a Schengen Visa even if there no stopover in Frankfurt or Paris.

    Indian nationals can Transit without Visa via FRA/MUC if holding a valid visa for the destination and a valid Visa for any of the following countries

    Bulgaria, Canada, Cyprus, Ireland, Japan, Liechtenstein,
    Romania, UK and USA (Expired Visa with I797 extension notice accepted - Schengen Visa.



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  • ramreddy
    01-31 05:08 AM
    Ms Su of TVU....why would someone stoop so low and looks like she became a convenient scapegoat for the students ..? not sure what'd you think. She has a Phd from UC Berkley and a patent on her name ....several publications.
    I dug up her resume...
    Dr. Susan Xiao-Ping Su
    President of Tri-Valley University
    Tri-Valley University TVU (http://trivalleyuniversity.org)
    E-mail: ssu@trivalleyuniversity.org, su123@sbcglobal.net


    EDUCATION

    Ph .D. Department of Mechanical Engineering, University of California at Berkeley, 2001.
    Major: Design; Minor I: Microscale Heat Transfer; Minor II: Integrated Circuit Technology.
    Dissertation: Compliant Microleverage Mechanism Design for MEMS Application
    Dissertation Advisors: Prof. Alice M. Agogino; Prof. Tsu-Jae King, Prof. Dennise K. Lieu
    M. S. Department of Mechanical and Aeronautical Engineering, University of California at Davis, 1997. Major: Design
    Thesis: Computer-Aided Kinematic and Dynamic Analysis of Spatial Mechanisms
    Thesis Advisors: Prof. Harry H. Cheng; Prof. Bahram Ravani; Prof. An T. Yang (Emeritus)
    B. S. Department of Engineering Mechanics, Tsinghua University, China, 1991.
    Major Field of Study: Fluid Mechanics

    WORK EXPERIENCE
    1. President and Founder, Semiconductor System Integration, Pleasanton, 2003-present
    � Consultant for Phosistor Technology, Pleasanton, on Semiconductor Device Fabrication, Development of photonic component (laser and OPM) process, Oxford Plasmalab DRIE and ICP etching of SiO2 for Optical MEMS devices.
    � Consultant for California Micro Device on Chip-Scale-Packaging strengthen mechanism;
    � Consultant for NASA on nano chemical sensor fabrication.
    � High-density Magnetic Random Access Memory Development
    2. Lecturer, HerGuan University, Sunnyvale, 2007
    EE537 Analog IC Design, EE515 & 516 VLSI I & II
    3. Lecturer, San Jose State University, San Jose, CA, Fall 2004-2006
    EE178 Digital System Design with FPGA, ME 101 Dynamic
    4. Lecturer, San Francisco State University, San Francisco, CA, 2004-2005;
    ENGR 890 Design of MEMS; Design of CMOS Memory Circuit
    ENGR 356 Computer Architecture; ENGR378 Digital System Design with Verilog.
    5. Lecturer, International Technological University, Santa Clara, CA, 2004-2007
    EEN967 Analog IC Design; EE 519 CMOS Memory Circuit Design; EE 511 VlSI I, II;
    EEN 923 & 910 Semiconductor Physics & Devices; EEN 918 IC Fabrication Technology.
    6. Lecturer, Northwestern Polytechnic University, Fremont, CA, 9/2002 -2004
    EE 507 Analog IC Design; EE 520 CMOS Memory Circuit Design;
    EE 506 VLSI II; EE 624 IC Fabrication Technology; EE 581 MEMS/NEMS Design;
    Developing MEMS and nanotechnology concentration area curriculum.
    7. Member of Technical Staff, Project manager, PicoNetics Inc., Fremont, 9/2000-9/2002.
    � 256K 100MHz (TSMC 0.25m) and 4M 200MHz SRAM design (0.13m G logic process); RLC circuit for on-chip sin wave generation, sense amplifier fro SRAM, DRAM, Bandgap reference, voltage regulator, PLL circuit design, standard cell library design.
    � Supervision of two layout engineers for a 256K SRAM circuit including all technical file set-up, layout optimization for minimum coupling and RC delay, Dracula LVS and Arcadia extraction, LVS and Extraction tools evaluation and memory compliers; UMC and TSMC 0.25, 0.18, 0.15 and 0.13 m process evaluation for SRAM.

    8. Graduate Researcher, Berkeley Sensor and Actuator Center (BSAC), and Berkeley Expert Technology System Lab (BEST), U. C. Berkeley, 1996-2000.
    � Design, fabrication and testing of a resonant accelerometer (RXL) with on-chip amplifier and two-stage leverage mechanism by the SOI-MEMS integrated process.
    � Compliant micro-leverage mechanism design and analysis, FEM analysis and simulation with ABAQUS and SUGAR; Design of the mechanism for force and displacement amplification in other MEMS devices including a micro-valve, an electrostatic actuator and the suspension of the disk drive.

    9. Internship, Lawrence Berkeley National Lab, EETD, 6/1999-12/1999.
    � Optics programming; SEM and TEM measurements of glass samples.

    10. Graduate Researcher, Integrated Engineering and Mechatronics Lab, Dept. of Mechanical and Aeronautical Engineering, UC Davis, 1994-1996
    � With Ch program, analysis of velocity and acceleration for 32 spatial mechanisms (4-bar, 5-bar, 6-bar and 7-bar); force and torque analysis of RCCC & RCRCR mechanisms;
    � Designed a data acquisition system for PAS machine by communication of an AT-MIO-16F board in Labview.


    GRADUATE THESIS ADVISING:

    � Yaosong Tao, International Technological University, Ph.D. Thesis: RF MEMS Components for Communication Systems, 2004.
    � Leo Huang, Northwestern Polytechnic University, M.S. Thesis, Contacting Printing Lithography for Polymeric Organic Light-Emitting Diode, 2005;
    � Sam Shi, International Technological University, M.S. Thesis, A 8-bit Energy Recover Adder, 2005;
    � Parthiv Pandya, International Technological University, M.S. Thesis: MRAM Core Cell Design and Optimization, 2004;
    � Paisit Sriprataks, International Technological University, M.S. Thesis: MRAM Sensing Circuit Design, 2004;
    � Balajee Premraj, International Technological University, M.S. Thesis: Design of an 8M MRAM, 2004;
    � Raul Gali, Northwestern Polytechnic University, M.S. Thesis: Signal Process Circuit Design for a Resonant Accelerometer, 2003;

    AWARDS and HONORS

    � John H. Latoures Scholarship, Mechanical Engineering Department,U.C. Berkeley, 2001.
    � Lankershim Awards, U.C. Berkeley, 2000
    � National Science Foundation (NSF) Graduate Research Fellowship (1996-1999);
    � American Associated University Woman (AAUW) Selected Professional Fellowship ,1995;
    � University Fee Grant, UC Davis, 1994.

    PUBLICATIONS

    1. S. X. P. Su, H. S. Yang, Alice M Agogino, Resonant Accelerometer with a Two-Stage Microleverage Mechanism Fabricated by SOI-MEMS Technology, IEEE Sensors Journal, Vol.5, No.6 December 2005, p.1214-1223
    2. An Sang Hou, Susan X. P. Su, Design of a Capacitive-Sensor Signal Processing System with High Accuracy and Short Conversion Time, Sensors and Actuators A: Physical, Volume 119, Issue 1, 28 March 2005, P.113-119
    3. X-P S. Su, H. S. Yang, Analytical Modeling and FEM Simulation of Single-Stage Microleverage Mechanism, International Journal of Mechanical Sciences 44, 2217-2238, 2002.
    4. X-P. S. Su, H. S. Yang, Two-Stage Microleverage Mechanism Optimization in a Resonant Accelerometer, Structural and Multidisciplinary Optimization 22, 328-336, 2002.
    5. X-P S. Su, H. S. Yang, Design of Compliant Microleverage Mechanism, Sensors and Actuators, A 87 146-156, 2001.
    6. X-P S. Su, H. S. Yang, Single-Stage Microleverage Mechanism Optimization in a Resonant Accelerometer, Structural and Multidisciplinary Optimization 21, 246-252, 2001
    7. H. S. Yang, X-P S. Su and B. Bai, Strain Analysis in Uniaxial Tensile and Compression Testing of Anisotropic Materials, International Journal of Mechanical Sciences 42 (2000) 2395-2415.

    PATENTS

    1. Susan X. P. Su, �A Folded-MTJ MRAM Cell� U.S. Patent No. US60/994941, 2007





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  • GCInThisLife
    07-19 02:21 PM
    You are still with in 180 days window of being out of status.

    This discussion scared me now.

    I came in US on 06/03/2001. When I came I was told, no project for me right now and I have to wait. I waited till 09/11/2001 WITHOUT pay.

    The first time I was on my company payroll was in 09/11/2001. Since then as of today I am working continously.

    AM I IN PROBLEM?

    Please comment and give me hope.



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  • isantem
    07-28 10:07 PM
    That was a very illogical reply to the per-country limit question. How come a large number of people from certain countries automatically eliminate people from smaller countries from getting green cards? That's an extremely dumb way of looking at it.
    will go to people from India and China,
    If you remove the limits, yes most of the cards THAT'S BECAUSE THEY'RE #$@!$ING BACKLOGGED FOR DECADES DUE TO THE LIMITS!!

    Is not DUE the limits, is due many aplications from India.
    The reality is pending ROW 2005 - 12,815 India 2004 - 14,191 :eek:





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  • gc_on_demand
    06-12 09:39 AM
    Thursday 06/12/2008 - 11:00 AM

    2237 Rayburn House Office Building

    Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law

    Hearing on the Need for Green Cards for Highly Skilled Workers



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  • pointlesswait
    07-22 05:23 PM
    to port..the pD..u need to send in the earlier approved 140 with the new 140 that you file..
    i have read of instances when the PD was successful and few instances when it was not...
    so i am not sure..what the criteria is..
    but if you are in the same industry..PD porting should not be an issue..

    ....
    i have a feeling sooner or later PD porting may be banned by USCIS..;-)

    I am exploring the possibility of making the Inter-filing. I have been speaking to some well known, street-smart attornies. One mentioned that the "Priority Date" is decided only upon approval of I-140. He also wrote that for keeping the earlier priority date, the 2nd I-140 application (new) should be filed along with copy of the approval of the first I-140.

    In your case, it appears that you did not send the approval copy of the first I-140 along with 2nd I-140 application.

    Probably, you can send the approval of EB-2 I-140 with earlier PD, along with I-485 receipt copy to the Service Center and ask them to allot the earlier PD. Please take the assistance of attorney for doing this.





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  • kartikiran
    11-03 09:19 AM
    EB2 likes visa bulletin predictions.
    EB3 does not.

    That explains the green or red in my opinion.





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  • rvr_jcop
    02-13 01:28 PM
    got LUD on 1/29, 1/30 RFE send, 2/10 RFE evidence received, 2/11

    All three of our cases looks like mailed around the same period i.e. June 2007. Looks like they looking at our files and probably pre-adjudicating. Mine went to Nebraska. What about yours?





    sandy_anand
    11-02 02:21 PM
    I'm getting my bag of M & M's and box of Kleenex tissues ready.

    Hahaha funny! :D





    knacath
    07-24 03:34 PM
    E-filed on May 5th, FP on June 6th, no updates since. Concerned as I'm working on EAD and current one expires August 29th.

    Paper filed AP in late June, approved already (as per e-mail) even though I only needed it in mid October!!

    Just like the the old Stones song... "You can't always get what you want"