Saturday, June 18, 2011

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  • singhsa3
    08-20 03:50 PM
    Unfortunately, though it is highly unethical but not illegal
    I would like to know How to file a complaint about labor fraud? I just found out that my employer didn't file 485 for me and instead he used the labor for someone else. Is there anyway I can file a complaint? I have no other option except to wait until the dates are current again. I paid all the expenses for labor, 140 and 485.





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  • alterego
    12-12 04:58 PM
    Here's your answer in the bulletin

    EMPLOYMENT: Demand for numbers in the Employment Third �Other Workers� category, as well as the China and India Employment Second preference categories, has been escalating. No movement in those cut-off dates will be possible until the current level of demand subsides.


    Translated that means, the Tsunami of 245i and Backlog labours is hitting, there can be no movement until this improves.
    In other words, absent legislative action to allow more visas, you are lucky if dates do not retrogress.
    We should stop following bulletins and focus more on lobbying.





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  • franklin
    04-17 07:52 PM
    I have a EB3 India PD of May 2002.. That said, the snippet in the visa bulletin sounds very promising..

    It does sound promising, unless you are still stuck in the BECs... Then, not so





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  • Lisap
    08-22 11:53 AM
    You said your employer sent it by mistake on the 27th? Were you not current in June?



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  • ujjvalkoul
    07-27 02:55 PM
    I understand...those that are calling USCIS have no other way of finding out if their receipts were issued, their Lawyer / EMployers may not even let them know...
    So they call to see if USCIS may be able to lookup their case by Last name or something......





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  • arnab221
    05-29 04:38 PM
    They will make H1b visa holders wears arm bands like the Nazis made jews wear . Then they will make us live in ghettos and drive us out all at once . :( How much worse can this get .



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  • wizpal
    03-22 11:40 AM
    I am in DALLAS(TX) area. Anyone ready to team up with me to go and meet local congressmen and senators.

    send me a PM or respond back. Update your contact info as well.

    ---everything u do in life seems unimportant at that time, but it is very important that u do it always.
    Mahatma Gandhi





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  • nogreen4decade
    07-16 07:20 PM
    1. Doesn't matter who it is citizen or not - you have to show legal status. If you read the law carefully, you will be put in a holding prision and given a change to prove legal status (contact family tobring your passport), etc. This is not a traffic stop - a decision will not be made on the stop. That's why there are strict rules stating who can be asked.

    2. By law you have to carry identification. Does this mean as a citizen or non-immigrant visa holder, you have to roam with all your docs? No! This is why we fought so hard to make sure US-states give driver's licenses?ID cards to people here legally ONLY. So, you just carry your DL.

    3. Item 1 above applies here.

    Do you think the people who wrote this Bill did not think of all this? You have to be pretty naive to think that only you thought of these senarios. There is no racist movement behind it.
    You apparently dont know ammendments.... Read 4th ammendment... No reason to waste my time replying you



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  • gdhiren
    08-30 09:43 PM
    We live in NJ and my husband was not ready to take a day off initially, I was going to come with friends and now after bugging him for days together I finally showed him this message about people flying in from CA and well he is motivated to come, he plans to work remotely on the 17th the lobby day, we are bringing some friends visiting from India too;)

    Congratulations! Though I don't know why it took you so many days, I could understand if it was the other way around (him explaining you). You should meet my wife and get some lessons. :) just kidding. Thanks for bringing in the whole team, great spirit.





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  • drirshad
    06-05 05:06 AM
    Things seems to be so messy that Ron has very cleverly avoided any speculation about the coming up visa bulletin.

    http://www.immigration-information.com/forums/showthread.php?t=5185

    Ron Gotcher cannot predict the July 2008 visa bulletin, following is what he says.

    Historically, about 40% of all immigrant visas/adjustment approvals take place in the fourth quarter of the fiscal year (July - September). The law prohibits the issuance of more than 27% of the quota in any of the first three quarters. All visas that are unused (ordered but not issued) must be returned for use in the fourth quarter. This is why we see most visas being issued in the July - September interval.

    This year, there is anecdotal evidence that the government may have violated the law and issued more visas in the first three quarters than permitted by statute. No one really knows if this is true or just the result of inartful language used by government officials. No one has released any absolute numbers as to actual issuances.

    If the government did violate the law, then all bets are off and there is no way to anticipate what might be in the works.

    If they did not violate the law, however, we can infer certain things from what we have seen thus far. We know that the CIS has enough AOS applications in the existing inventory (backlog) to fill the annual quota four times over. If they were processing with any degree of efficiency, cutoff dates would be backlogged worse that what they were at the start of the fiscal year last October. They aren't.

    Because the CIS isn't processing cases at a rate sufficient to exhaust the annual quota, the State Department has had to move cutoff dates forward in order to attract more applicants to file overseas with consulates. This allows the State Department to step up and process immigrant visa applications and help exhaust the quota.

    We know that CIS processing has been deficient this year because we have seen forward cutoff date movement. If the CIS were processing large numbers of cases, not only would forward cutoff date movement be wholly unnecessary, it would be grossly irresponsible.

    Given the forward movement earlier in the year, I certainly expected to see substantial movement in June. That did not happen. Why it didn't happen is unknown. It could be that the CIS, wishing to avoid a repeat of last year, dropped everything an adjudicated a massive number of cases. I doubt that happened because we haven't seen any evidence of it. Had they approved a huge number of cases in a short period of time, it would have been all over the Internet.

    It could also be that, once again, the CIS has solemnly promised the State Department that they really will adjudicate a huge number of cases this time and all those other years where they made the same promise and then failed to follow through don't really count because this time they really mean it.

    Whatever the reason for the lack of movement in June, July will tell us what is going to happen for the balance of the fiscal year. If there is no substantial movement in July, then we are unlikely to see much movement in August or September. If there is substantial movement in July, however, we can probably expect to see a retrogression in September.

    The July visa bulletin should be out around Monday, July 14th. Let's see what happens.



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  • ssnd03
    02-28 09:11 AM
    02/28/2008: FBI Name Check Backlogs Eligible for 485 Adjudication in Service Centers

    * According to the withdrawn USCIS FAQ on FBI Name Check Backlog I-485 case new adjudication policy after 180 days of name check request, they estimated the total eligible 485 cases at 46,000 or something. Now, according to the AILA Q&A with the USCIS HQ Service Center Operation office on February 20, 2008, the Service Centers located approximatlely 10,000 cases that were waiting name checks only and they estimated that there would be additional 15,000 cases that would fit the new policy. There is no specific timeline announced, but there are some indications that these cases may be adjudicated from one month to approximately three or four months. It appears that the USCIS is mindful of the potential EB visa number retrogression and may want to adjudicate these cases as soon as possible.





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  • paskal
    08-31 06:44 PM
    hi

    i want to come and i am from franklin tennessee which is 30 miles from nashville tn is a bus ride from some where near to this place

    thanks

    currently it appears that the bus will be from atlanta
    please pm ramus and keep in touch with him for more info on that



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  • nlssubbu
    05-12 12:04 PM
    - How has greencard changed your life after receiving it?
    GC arrival does change the life little bit. My frequent anxiety regarding various renewals like EAD, AP, H1/H4 vanished along with the tons of documentation that I have to do for those. I was struck to my current job during this process and continued the same way even after GC, but I am about change that soon. GC now provides me the ability to compete with others in the open market and provide me the confidence.
    - What did you do on the day you received it?
    I just went to the Temple and thank God for finally receiving it during my life time!
    - How did the long wait upset your life?
    More than me, it upsets my wife a lot. This does take a toll on her as she is confined to home and occasional voluntary services. She is now vigorously pursuing for a job in this down market and finding it difficult to compete with others, who have recent US job experience.
    - How did immigrationvoice help you during this long wait?
    IV helped to be better informed about various processes, procedures. This also helped me to deal with the attorneys directly by-passing the paralegals, who have little knowledge and to get the attorney�s much needed attention to my cases.
    - Would you like to continue your support to immigration voice and help others waiting?
    Yes. I do visit the forum from time to time and provide my experience and get updated with the changing rules, regulations and the visa status.
    - Any advice for everyone?
    As we are the people in no man�s land, I would suggest every one to be united to support the noble and good cause to revamp this system. I was driven away by the infighting and bickering and do not understand what benefits that is going to provide. Though I understand the pain, frustration and agony for the uncertain wait for this process, I would like to remind everyone that this is the time where we may need to be more united and welcome others instead of fighting among ourselves.

    Once anyone received his greencard, please update the IV tracker too. We like to see how many members in IV are greencard holders and what is the current trend of approvals in our membership
    - I did updated

    Thanks





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  • eagerr2i
    12-20 01:14 PM
    No, only allows people on H4 for more than 6 years to get a H1B of their own for 6 years or until their spouses EAD/GC's arrive.



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  • greensignal
    06-19 02:02 PM
    Akhil,

    Can you pls send me a copy too? thanks in advance!

    a copy for me also please.





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  • mhtanim
    09-19 10:41 PM
    Filed for I-485, EAD & AP - July 9, 2007 - Everything Reached NSC
    Got transferred to CSC (don't know when)
    CSC Receipt Date - for 485, EAD and AP - 9/6/07 (Receipt notices indicate original received date: 7/9/07)
    Checks cashed by CSC 9/7/07
    AP & EAD both approved by CSC on 9/12/07
    Received both EAD and AP by mail on 9/19/07



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  • Winner
    01-04 02:45 PM
    I had a good laugh once I started reading the posts .. liked the fun .. and comments from members ... the H4 & F2 was good .. so L2 and F2 are in same category??? :D :D :D :D :D :D :D :D :D :D :D :D :D :D

    Does USCIS grant a H0(HZERO) Visa? I'm sure many will be intrested in that :)





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  • sc3
    06-20 01:50 AM
    Thought I should share my EB-3 (horror) story:

    First initiated my RIR labor in 01/2002
    PD: Aug 02,2002
    RD: Sept 18, 2003
    Approval: June 19 2007
    I765 & 131 renewed 4 times.

    Though I graduated with a Masters' degree from here back in '98, I was wrongly advised by a lawyer (who I unfortunately knew) who said I did'nt meet min. salary requirements and put me in EB-3 instead of EB-2 (though all my friends who graduated with me were in EB-2 and I knew they could'nt be making a whole lot more than I was). So if your lawyer wants to put you in EB-3 even though you're eligible for EB-2 change lawyers right away; It will mean a world of difference when things go bad. Chances are, the lawyer wants minimum paperwork & hassles to deal with. To add to bad luck, I had an Indian manager who refused to pay for my green card and even the ads for RIR labor, even though he got his green card paid for. Anyways priority dates were current for all categories back then (2002-3) just like it is today when they reclaimed unused numbers so this attorney had said EB3 vs EB2 won't be a problem and convinced me to go with EB3. This 'current' situation went on for some time (a year or so perhaps(?) to 2004 or 05; I do not remember) and then the DOS went and retrogressed EB3 back to 1999! During the year or two Priority Dates were current the INS (as it was called then) took their sweet time in processing cases progressing real slow. So when they were about 3-4 months away from processing my PD and I thought I was real close to 485 approval, the DOS did their thing and retrogressed dates all the way back to 1999 and has become current only now. It hit me with a gale force effect when it retrogressed.

    It's almost like things swing like a pendulum between the two departments. If you're real lucky and time it right things can go smooth. If not yes you're screwed like I was and things can go bad one after the other. This time around I was almost sure the USCIS will take a go slow policy and wait for dates to retrogress once again like the last time. I was very surprised by the HUGE movements of 485 processing dates. Things are looking far better this time with these dates. Focus on getting your EAD and Advance paroles ASAP. I-140 premium processing will be worth it. Good luck to you all.

    Congrats on your approval. I see that you got your labor in less than a year, surprising you got stuck with 485, lots of the ones I know got their 485s within 8-10 months during 2004-2005 time frame. Of course being in west coast meant that we waited for our labor certs for about 3 years. Green Card, not unlike death, is a great leveler. Enjoy your GC.

    BTW: Your lawyer is not necessarily wrong. USCIS will look into the company's other applicants, if most of them are applying for EB3 with your pay grade in your own company, then it becomes difficult to justify your EB2 position. USDOL may consider it as excessive tailoring of job requirements.





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  • kiran_k02
    08-06 11:09 PM
    PD: July 2004
    RD: July 03 2007
    ND: Sept 13 2007
    140 Approved: May 07
    485 Pending: NSC
    name checking: pending (got to know with Recent infopass appointment)

    I got hold of IO this morning using POJ method. She said, my case has been assigned to IO.

    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





    JunRN
    07-16 11:47 PM
    Just imagine what will happen to the market flooded with EADs. Job market for H1Bs will totally be down. No US companies will hire H1Bs if they get somebody with an EAD. Tonnes of Junior developers and S/W testers will in the market driving the billing rates down even further. It's better to pack up and leave. I have heard from one of the forums here that an estimated 500K people will file this month since all PDs are current. EB-3 mexico + phillipines togther alone will be close to 300K. God help the Job market.

    Also minimum wait time will be 500K/140K ~ 4 yrs before they get to process your GC. Add to that the time for namecheck backlog 2+ yrs. So total 6+ yrs before getting GC........

    lotr

    This is the same argument used by anti-immigrants.

    I am a nurse so we better flood the job market; don't you think so?





    kondur_007
    06-10 04:22 PM
    Also Mr O said out look for Eb2 india is grim and could have delay for decades .. where Eb3 india can be set to Oct 2001 in oct 2009. His whole prediction is based on current demand from USCIS.

    Lets says he USCIS has 50k Eb2 india and 70k Eb3 india in back room. Now they both have 3k visas in a given year . if USCIS process ( Pre adjucted ) 40k Eb2 india cases and 4k Eb3 india and bring to DOS , DOS may think there are 10 time more cases in Eb2 india so it can take decades while Eb3 india has only 1k extra so it can be in a year. but reality is different.

    hope that makes some thing clear to members..


    Agree with that as well...that may impact PD determination (and it MAY), but the fact is:

    EB2 and EB3 India people with PD after 2005 (just an arbitary year) will not get GC unless there is spill over....it will be 20 yrs without spill over....