Sunday, July 3, 2011

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  • anotherone
    01-30 10:58 AM
    now ford, gm, capitalone and I'll post mine when i hear about the explanation from legal.

    i dont know if u can sue without much written proof, or if they refused to interview you. but if you do have an interview etc., and some written proof, we may have something

    a class action lawsuit ? if a lawsuit is expensive i am sure there are some lawyers who take on cases either probono or we all pool in our money and do something...

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  • kate123
    03-31 11:59 AM
    Agreed, Thanks for correcting me :)

    The calculation looks incorrect.

    You considered the I+ C allocations and subtracted those in line 1. You again subtracted those in your final calculation.

    The straight forward calculation is EB2 ROW is entitled to 34,436 (1) and they used 27,406 (2). So splillover was around 7 K.

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  • pappu
    04-06 11:56 AM
    Updates on advocacy day posted on

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  • shailesh2006
    06-27 10:56 PM
    Can anybody guide me what will be the eligibility code for H4 dependent in EAD form



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  • malaGCPahije
    08-07 04:01 PM
    Is it possible to change category to EB2 with same employer/same job?

    I have the same question as I think, it is not possible. How can you re-apply for the same job you are in currently, in EB2?

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  • jsb
    09-25 03:51 PM
    Thanks. I did sent email and fax last week.

    What action do we expect on our letters/faxes to Congressmen, besides a routine reply USCIS is used to. This is not the first time that somebody is bothering them in their leizurely work. If they have tons of filings all over their offices, how do you expect them to find your case out of them.

    USCIS continue to say that they have loads and loads of filings yet to be entered.


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  • eastindia
    04-01 09:45 AM
    Guys do not feed the freeloaders by telling anything you are reading in the donor forum. Let these people help themselves by signing up for recurring contributions if they want helpful nformation about their EB2 PD movemement. We are still not meeting of our advocacy day amount. It is all because most people want free lunches. This needs to stop. The 200 people going to DC tomorrow are going to speak for you and me for yours and mine greencard. They are taking time off and spending own money for you and me. Nothing is free in this world. IV is also doing this for you and me and we are taking it for granted. Let people do some good deed today if they want to know good information

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  • arihant
    05-17 12:15 PM

    I was scheduled to travel outside US this summer for about 3 months. Then dates move past my PD and I have to apply for 485 in june. I have discussed these with the lawyer and want to confirm what she is telling me:

    1) I have to be in the country to apply for 485.

    2) FP notice will likely arrive in 3-4 weeks. But we have 84 days to reschedule this if needed.

    3) I was not planning on applying for EAD/AP at this time. However, she says that if I leave the country on H1, and 485 is approved while I am out of the country (HIGHLY unlikely but still possible), then I cannot come back into the country unless I have an AP. (This is the point that I mainly need clarification on!)

    4) If I DO apply for EAD/AP then I cannot leave the country until they are approved.

    5) Finally she cannot give me a timeline for how long EAD/AP would take. The service centers processing times show that they are currently processing Jan cases. Which means at least 4 months wait after applying for EAD/AP.

    Does any one know if any of the first four points are wrong. If so, what is your knowledge about the point that is wrong. Also, does anyone have any idea on point 5 (i.e. how long it is taking for EAD and/or AP these days).

    If you have any information, please respond ASAP, so that I can determine the best course of action before filing for 485.


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  • kshitijnt
    05-10 01:30 AM
    Hey J(erk) Thomas,
    Shove your condescending advise to where the sun never shines. It is NONE of your BUSINESS to tell me or anyone what they should be doing. No wonder average americans have started hating people like you and want to drive you out of the country.

    If you think that you can fool everyone all the time, you are sadly mistaken. Even by DOL estimates, there is 20% fraud with H1. The real figure could be a lot higher than that

    I am not the only one expressing these opinions in this forum, as I can see, "TN Man" has suggested pretty much the same here. There is no point in trying to close your eyes to reality.

    Senator Grassley and Durbin wants Google and Yahoo to succeed in US. But they don't want Indian cyber-koolies like the body shops and TCS/INFY/Wipro to steal american jobs under the guise of globalization.

    For all the geniuses out here, how many companies like Google or Microsoft or yahoo came out of India in the last 20 years? Yeah, that is what I thought too.. BIG ZERO. But if you read J(erk) Thomas' response, one would have thought that India is full of competitors for Microsoft and Google today :D :D :D

    Hey Hunter, so do you think India should buy from Boeing, Pepsi, Coke and even Ford? Should Indians be driving coolie cars made by ford? No wonder India would want to place a larger order with Airbus in return. And Dont you remember that during bankruptcy of airlines, Indian routes were their lifeblood and european routes were bleeding. So should we force to cancel a few more flights to India by these airlines?

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  • gc_on_demand
    09-16 10:09 AM
    Called most of the people in the list.

    Most of the time it was voice mail.

    Person from Brad Sherman office mentioned that congressman was supporting the bill.

    Person from Robert C. Scott office mentioned that she did know the position but the congressman has supported these kinds of bills in the past.

    Thanks aadimanav. Other please call.


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  • CADude
    09-25 02:11 PM
    I didn't get the phone# for USCIS compaint dept. But some one(may be ashres11) posted one phone#18003238603 for DHS. I called that number and it turned out Inspector General office. As i reported earlier. He told me to call regular USCIS 800. I said it's useless. He took some note and asked to call this new number 877-246-8253.

    E-mail :

    Fax :

    I got the LIN# I-765 from congresswoman office per USCIS reply.

    I had followed your footsteps Cadude long time back. One quick question, how to I bug USCIS complaint dept.. or inquiry dept. any email or fax number?
    I am in corresp. with my senator and congressman.
    ps : Did you call USCIS to make sure your checks are encashed or got LIN numbers?
    I know you got your I-765 numbers.

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  • jonty_11
    06-29 05:57 PM
    I have a few theories on this. This is meant just to open discussion.

    1) The USCIS and State department are not communicating at all. This is not at all uncommon within gov't agencies as we all know.
    The State Dep't released the bulletin perhaps without realising the full ramifications. Having heard from the USCIS..........hey hey hey what the F&^% are you doing? They may have realised over the last few weeks what a mess they have on their hands. Now they are trying to undo it.

    2) Another possibility I can think of, is that this is a grand plan(heck I almost said grand bargain) concocted by the USCIS to get 485s OUT of the system as much as possible while minimising those that can get IN. Hence you might see in the coming few weeks thousands of approval letters all dated the 2nd of July. That will allow them to clear their backlogs of pre-approved, approvable cases and clean the slate fresh for the new fees structure/new quota in the new year. Some of you might remember they retrogressed to unavailable around this time 2 yrs ago. They do these weird things in the 4th quarter.

    3) Of course the last option is their brains have the same IQ as that of any common critter that messes up your garden.

    Pick your poison, it is all the same. I feel for everyone whose hopes were raised so high. It is truly inhumane of them. If they planned this, they should atleast have delayed the release of the July VB.
    I tend to believe the CIR angle to this. Since, teh time CIR has failed, these Rumours have surfaced.....
    Another poison choice!!!!


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  • aps
    10-29 01:05 AM
    Please refer the url, one of the iv member has stated his friends denial case.

    From IV: IV commends the initiative taken by it's members nk2006, pd_recpaturing, ItsNotfunny and others. As these members have observed, we all know that any one who has filed for AOS/I-485 can potentially be hit with this issue, especially in the current job market situations. If you believe in the old adage prevention is better than cure, this is an action item you have to subscribe to. It will be only a matter of time the number of such denials is going to spike.

    In recent weeks there has been a spate of I485 denials by USCIS in the AC21 cases. In most of these cases, the underlying I-140 has been revoked by previous employer. But AC21 regulations and related memo�s require that I485�s should not be denied based on that � provided I485 has been pending for more than 180 days and the applicant has changed to a new job that is same or similar. USCIS has been rejecting cases without even issuing a NOID � again required by AC21 regulations. So USCIS is not following AC21 regulations and related field memo�s for whatever the reasons.

    Obviously this will have a very bad impact on us � in addition to tremendous amount of stress it can have very bad economic implications including loss of job. In the current economic conditions we cannot afford to lose the job change flexibility provided by AC21 regulations. IV has started a campaign to fight this.

    After a brief campaign to write to Ombudsman, it has been decided to intensify this campaign and write to various officials in USCIS hierarchy. IV core members have been actively involved in coming up with a strategy and are actively supporting this effort. By sending large number of letters we can draw their attention to this issue and resolve as quickly as possible. There are other strategies that are being discussed and will be underway soon to tackle this issue. This is the first and the most important step up on which other steps depend.

    I request all the members to start sending the following 4 letters. For your convenience the letters have been completely written including addresses to be sent � all you have to do is download following 4 google documents � add the date, your name and address � and send it to the address provided on each letter.

    To reiterate: You have to send 4 letters � these letters can be downloaded at the above URL�s. Edit the document to add current date, name, address etc. and mail it (regular mail). After doing that, please update the poll so we know how many letters are being sent.

    To get more background on this issue and see what has been done so far, please see these two threads:;

    To achieve positive results we need to send these letters in large numbers - please send them today and let everyone else be aware of this effort. Thank you.

    Request to core/web site admin: can you please add a link to this thread on the IV main page to get better coverage to this campaign - thanks.

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  • walking_dude
    10-31 03:49 PM
    It's possible that USCIS may issue a NOID instead of straight denial, when I-140 is withdrawn by the employer, if they have AC21 letter in the file. (It's a possibility, not 100% guarantee.)

    With a RFE/NOID you can continue to work while getting the issue resolved. Not so with the denial. You can't work till the issue is reloved, and you need to file MTR (costlier than a RFE). So it's basically a matter of risk-reduction though it always doesn't produce the expected results.

    I am sorry if I am bit late on this forum. Why even inform USCIS when you use AC21? There is no rule stating that you have to inform them , so why do it?


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  • jackisback
    03-30 02:43 PM
    d-uh... May bulletin coming in April

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  • Saralayar
    01-04 11:16 PM
    Hello every one,
    I am starting this thread for all of us not to just think about the GC process. If any one is residing here for 10 years without GC, think about making a law which can lead us to Citizenship. My thoughts on this:
    Many of our colleagues who landed with us during the late 90s (1998, 1999) and early 2000, who got their GC without any issues are now Citizens or waiting to become Citizen soon.
    What is our status?. Just think. Still we are strugling to get the GC. Even by law change, if we are getting the GC this year (by GOD's Grace), then we need to wait for another 5 years from now (approximately 2014). Many persons like me who have come to this Country in their later career will be very much affected due to this delay (we have lot of other issues like the dependents reaching the age of 21 etc., College, University fees etc.,).
    Core team and every one, please consider this and try to lobby for getting the citizenship without further wait if the persons satisfy the folowing conditions:
    1. If they are legally here for 10 years (With approved I-140 and waiting for Adjustment of Status without current date).
    2. If they have earned full 40 points in Social Security
    3. If they have paid the tax continuously for 10 years
    4. If they own a house and paying Mortgage (adding weightage to the Economy boost)
    5. If they do not have any criminal records in these 10 years.

    Please again do not just concentrate on the GC issues. Consider this and if any one can come with a letter draft with legal openion, we can send it to all Congress members, State Governers etc.,
    Hope the members and the Core team consider this issue. I have one more thread on this, which I started some months back but the response was not that good. If every one of us unite on this and raise this to the Congress, I think the new Government may consider as this is very genuine.


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  • VivekAhuja
    01-06 04:03 PM
    This is a dumb idea. You want the US to give you Citizenship while you have an approved I-140 and AOS status??????? You don't even have GC !!!!

    Do you even know the reason for the law that states you have to wait for 5 years after getting GC to apply for US Citizenship?

    And what is this nonsense about boosting the economy because you pay mortgage?

    Please don't waste time on this - GC confers enough benefits for you (and family) to be able to live and work in the USA without ever applying for citizenship. The only benefit you don't have is to work for some US Govt. agencies, to vote and no visa-free world travel (mostly) or sponsoring some more family members to take away more of the social security fund.

    If you read the plan, you are essentially asking to by-pass all security laws and telling the US to sell you GC and Citizenship.

    Simple: stupid and bad idea. Drop it.

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  • indyanguy
    01-29 12:37 PM

    I read on the website that the UCSIS needs to go through the Kentucky Consular Center to obtain the PIMS verification. The number for the KCC is 606-526-7500. I am going to try and call them to see if they can give me any information on timelines.

    For those people that have not left the US yet, it might be worth it to talk to your lawyers and see if there is any way you can have your names added to this database before you travel - that should eliminate any hassles once you leave the country. Much easier to try and do it from there rather than from here.

    There is no number to call here to check on status - I have been sending emails to but have not received any response from them yet. Not really a surprise. If anyone tries the number above and gets some response please let the rest of us know.

    Has anyone done this? We need to go to Chennai embassy for a first time L1 stamping in a few months. If I can do this from here, that will really help.

    Any help is appreciated.

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  • kcforgc
    04-27 01:25 AM
    We heard so many stories about violation many Indian bodyshoppers like bench without pay,Low pay ,fake resumes and many more. But when any bill comes to control them we are opposing. Because we fear that we may be one of the persons working in those companies and may be impacted by that.

    Certainly the bill is not a pro immigrant and anti immigrant bill. But some kind of restriction is needed to clean out H1b. I accept as a pro immigrant we have to oppose any anti immigrant bill. So I am sure IV will try to block the bill as they did the restriction in TARP.

    I am not going to get any benefit if they shut the door behind me. I need just one job that I can get any time and whatever compettion and there is no need to shut thousands of people. So my views are not based on any personal ambition.

    I am seeing some positives in the bill. Wages will increase for the H1bs also. Only genuine companies can do the business. Best and bright people will not be impacted by this. Also it can open opportunity to increase H1b Cap and Green card Cap. So there is a good possiblity to reduce or eliminate retrogession.

    Basically there are two options for IV and other pro immigrants if the bill is considered serously. One is just oppose the bill and try to block completely. Or other option is to negotiate to include our agenda to recapture/increase GC and also to modify the portions of bill. Instead of failing with option 1 getting success in option 2 is better.

    I think this bill will not be passed if it is against WTO trade regulations.

    I totally agree with you. H1b and employment based GC's are so intertwined that they are almost inseparable. For example, you can get H1b extension based on your pending/approved PERM labor or your approved I-140 application. So, any change to H1b will in some way impact the GC process. I'm all for closing the loop holes in H1b provided certain reforms are also made in the EB green card process- like removing per country quotas and may be give EAD upon I-140 approval.

    08-20 01:17 PM
    That is not true...If you look at the Visa Bullettin, it says

    First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

    Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any umbers not required by first preference.

    Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".

    Based on the above EB1 spills over to EB2 first.....Eb3 gets unused EB2.
    EB3 gets EB1 only if it is not used by EB1.

    I'm EB3-I with Oct 2003 PD and I understand your frustration. There is hope only if a legislation change happens. Based on my calculation, there are about 50K to 60K EB3-I pending before me.


    It is not true. The orignal text in IMMIGRATION AND NATIONALITY ACT says "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 paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

    Beyond 28.6 percent, there is no words/requirements from the law that EB1 should spillover to EB2 first, then EB2 can spillover to EB3. It is just saying that EB1 can spillover to EB2, EB1&EB2 can spillover to EB3.


    10-09 04:45 PM
    Your router may have the problem.
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    5.8 GHZ phone will have many disadvantages.

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    If you are using a cordless phone - use 5.8 GHz. The lower frequencies interfare with other wireless devices.

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