Sunday, July 3, 2011

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  • miapplicant
    09-24 08:41 AM
    I just called USCIS and they asked me to wait for 90 days. Our application was recd on July 23rd by B.GERKENSMEYER at NSC. She said that NSC has is processing Dec 21, 2006applications now. Couldn't give me an answer when I told her that USCIS website is showing dates of Aug 9th, 2007 as of today.

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  • kumar1
    11-24 11:00 AM
    I have decided not to reply to any of the comments here and I will stick to that decision. However, I have received quite a few red dots with following comments....that shows how mature people are in this forum. Thank you.

    11-24-2008 09:56 AM ass**ole
    11-24-2008 09:51 AM bad advice
    11-23-2008 03:32 AM foreclose and then buy a new car and get some credit cards? THIS is the fuckin reason we are all ina mess now.
    11-23-2008 01:54 AM not good

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  • english_august
    07-11 10:05 AM
    Please delete if it is duplicated. There seems to be two different news items in NYTimes.

    One is the story that Nina Bernstein did for NYT. The other one is Reuters story which was picked by hundreds of media organizations.

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  • qasleuth
    09-23 09:22 PM
    No one is answering for this question in this forum. It makes one to think that no one bothers about EB3 guys.:(

    huh ? You cannot google ? Let us know if you need help with the math.

    Employment-Based Visas (

    7 % country limit.


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  • acecupid
    08-21 10:00 AM
    FYI...I heard from some of my friends that Vonage is good as long as you are its customer. Once you call CS and tell them you are leaving...they play all sorts of dirty tricks.

    I agree with you. I was once-upon-a-time a vonage customer, then I got reformed. :D
    When you are a customer CS will treat you like God. Once you call them to cancel, they will play all kinds of tricks. They even lied to me about certain things.

    But this 24.99 unlimited India offer sounds really good. I might consider signing up again. :rolleyes:

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  • spdy_mn
    06-29 04:32 PM
    My receipt date is June 20 and my PD is Oct 2002. If the July visa bulletin does retrogress, will I still be affected with regards to I-765?

    No you will still get AP and EAD since you have receipt date. You may not get GC approved until the dates become current. Experts correct me if i am wrong


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  • gc_wow
    09-24 08:36 PM
    Any body know why there are 3341 cases in March 2005 in EB2 I category, is this about the time PERM came?With out quarterly spill over bulletin is going to get stuck in March 2005 till the end of the USCIS financial year.

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  • eb_retrogession
    01-05 02:50 PM
    This thread (forum as well)seems to be really enthusiatic abt the immigration reforms.
    Keep it up! I am a new member to this forum who had been passively following the S1932 disaster on forums.

    Hopefully things may look better with the new bill sponsored by Arlen Specter.
    The bill looks good but how do we know that it is this bill which will be discussed and not the other bills sponsored by senator hagel,mccain etc..
    Question is even though this bill seems to be a consolidated effort of all the previous bills how can we be sure if this is the bill which will be discussed as part of immigration reforms in feb?
    Also this does not have any clause for applying for I-485 before cut off date?
    So the people who benefit through this bill are probably the Masters/Phd who can automatically adjust their status and the people who have not even applied for a GC ( since no labor cert required).

    But for people who are stuck at their 1-140 waiting to apply for I-485 the only thing this bill helps is increasing the EB quota.
    I am a EB-2 applicant (masters) and would strongly support this bill but i don't see how it helps EB-3 applicants as much unless we have the clause for applying for I-485 before cut off date.

    Even though there is a draft available about this bill, what gets included and what does not, is all up for debate yet. So no one really knows how this bill will look like, come Feb. That is why we are in the effort to have as many proosals that benefit us , be included in the bill.


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  • Das73
    05-17 06:32 PM
    I 485 question
    I am applying for AOS on a EB basis. My wife will apply along with me as a beneficiary. Unfortunately she worked on H1B for another company without notifying USCIS and on a different job capacity. What are the chances for her I485 to be denied? Do we have to mention that in I485 form. She is currently on H4 and is not working. Thanks.

    When her employer applied for H1B means that he notified USCIS & got approved! She will be fine & she will get her GC along with you. No worries.

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  • NKR
    08-07 01:59 PM

    I will be glad to give u a gree to up your reputation :-)

    Thanks Guys, I am from India and I applied in EB2, I do not have to port since my dates are current but I still do not support this idea because I know how difficult it is for one to better his situation just because he is not having a GC. My LC was stuck in backlog centers when perm labor applications was being approved left, right and centre�


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  • sreenivas11
    07-11 03:08 PM

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  • i-serf
    04-24 04:33 PM
    This site is actively monitoring such news. Looks like.


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  • chanduv23
    03-24 04:08 PM
    Got a reply back just now

    My mail to Capital One after getting the initial response:


    Thank you for the reply.

    I am surprised by the disqualification since the Department of Homeland Security (DHS) had issued the EAD. DHS has set clear guidelines not to discriminate based on any of the authorized work documents issued by them, EAD being one of them. The I-9 form required to be filled in by every employee (citizen or otherwise) clearly mentions this.

    Are you sure CapitalOne does not allow candidates who are on EAD specially when it does not require sponsorship from the employer ?

    Response that I received for the above email:

    Thanks for your message. The information regarding Capital One's policy on pursuing EAD card holders is correct. We are only able to pursue US Citizens or Green Card holders for these roles. I'm sorry, but we won't be able to consider your candidacy at this time.

    Best Regards,


    HRs generally "quote" the policy word in every sentence they speak or write. It is a matter of interpretation. The HR may not have a decision making power and is just following what he/she is asked to do. No company has a policy that says GC or citizen, but policy can says "Authorized to work for any em ployer in the United States. I guess it is a matter of interpretation.

    The HR seems to be ill informed. Many companies do accept EAD and they are quite aware of the delays in EAD renewal - and that has rarely been the basis to reject a petition.

    If this is a trend then it is an issue to all, but if this is an isolated case then definitely you can look into places other than Capital One.

    If you want to spend time and resources you can go to a lawyer, but you have no guarantee that you will get the job there too.

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  • JerseyCouple
    01-05 12:33 AM
    -interviewed on 28th Dec
    -officer said that I will have to wait at least 48 working hours for an approval email and on receiving email should submit the envelopes given by them, copy of I-797, copy of approval email.
    -havent received any email as of today - 5th Jan 2008.
    - Does anybody know if I will face further delays since mine is an Adj of Status case ?
    - wish I had got my AP before I travelled, unfortunately had to come due to some urgency..

    I-485 receipt date - July 2nd 2007
    I-140 approval - Jan 2007
    EB2/PD-Sept 2003
    did not apply for AP since I got the H1B extension till 2010 based on approved I-140


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  • like_watching_paint_dry
    06-15 10:28 AM
    Get over with it bunch of whiny losers. Someone can can and is willing to do the job cheaper than you.

    Think from your client's perspective:

    1. Why should he pay you more if he can get someone for cheaper price?
    2. Are you willing to do the same job for the salary that is offered by TCS, WIPRO?
    3. If you screw up , who is responsible? What can you do to mitigate damage? TCS/WIPRO can replace the whole team at free of cost to make project successful.
    4. YOU guys want to leave companies at will but the companies should not replace you at will?

    If you were bringing in value to the client that they cant get from TCS/WIPRO then you will have the job. Get some more skills, be best in the business and be smart. Know what it takes for long term success. You have to be on your toes all the time.

    STOP whining, you are just wasting time. All the best!

    The competitive angle did occur to me. There is no reason a business should not look for ways to cut costs. However, this is a question of fairness & legitimacy. A L1 visa person living in a low cost country and coming here temporarily on short-term assignments can make do with lower wages because he likely does not have to support a family here at the US cost of living, and L1 spouses can work. This is not fair to a H1 with same skills whose H4 spouse cannot work, and for the same reasons it is not fair to USC/GC folks. Isn't that why we currently have all this labor certification processes and DOL laws? Those laws are designed to level the playing field. It is not easy for the company to outsource entirely, so they break the law by abusing the visa. Why should we not act to stop this illegitimate corporate action?

    If that does not sound reasonable, let me ask you this: Why should USCIS and law-makers even consider taking steps to address green-card backlogs, adding resources to process more cases more quickly when they can just sit there and collect fees from you for visa / EAD renewals?

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  • hpandey
    08-07 02:39 PM
    I think we should concentrate on things which are beneficial for everyone - not only EB1-2 or 3 . We should get USCIS to improve efficiency, use all visas, get applications processed according to their PD and not randomly and above all do away with the country limits which is the biggest cause of this retrogression.

    When there are so many big issues pending I wonder why not concentrate on them instead.

    There are so many people from all EB categories whose I-140 has been pending for more than a year. Shouldn't that be a priority also because without an approved I-140 their GC will also not be approved even if they have a PD from 2001-2002.

    There are more important issues at hand here as I see it.


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  • PlainSpeak
    03-29 11:45 AM
    It may not have any impact on EB3 this year...but once the EB2 is cleared it will have an impact on EB3; may be in a year or two.

    Not sure i agree with that statement. The way the spillover trickle is reaching EB2 there is no way EB2 will become current for atleast 5 years so impact on EB3 within a year or two is a incorrect statement

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  • Dipika
    10-02 04:41 PM
    same here.. still waiting, Opened SR - Under Review and senator inquiry but same reply.

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  • BharatPremi
    09-24 01:51 PM
    Excellent Analysis.


    09-27 12:47 AM
    Its not that I think I am smarter or have any additional insight...but I take things at face value. Of course the total number of pending cases in the chart and in the PDF should match - they both are exactly what they say they are "PENDING EMPLOYMENT BASED I-485 cases" If that's what the report title says, that's exactly what it means. No point in over-analyzing if this is just for pre-adjudicated or only primary applications etc....

    I say stupid questions because people still ask "Does the PDF report contain numbers for dependents or only for primary applicants" - so you are telling me that this is not clear from the PDF report??

    I and many others do not see the definition of "Pending" what is in our minds matching the definition of "Pending" by USCIS. We believe that it is not yet concluded. Even USCIS itself is not clear. In trend chart under "All other pending" its total figure for national level is 279031 till July 2009. Where as in the Excel worksheet it is 233816 till July 2009( Worksheet is produced for the time period till the December 2009 but for July to Dec 2009 all visa categories have zero value thus data is till July 2009)

    So I would request you to keep patience till we get "authentic" feedback from somebody. Many people are working on this in background. If you want to see the signs they are there in many other threads including recently declared FOIA and USCIS data comparison thread published by Pappu.

    We can't be just "innocently simple minded" when USCIS itself publishes different data sets at different links and start believing the only data of a particular worksheet is correct just because USCIS declared it. If you try to compare both of these trend chart and excel worksheet with the April operating performance report declared by USCIS (needhelp! has posted it on this thread) then you get into more confusion and start seeing clear discrepency.

    So choice is yours , patiently watching the input of others on this thread and start contributing in analysis OR keep on doing what you are doing unnecessarily.

    01-10 11:43 AM
    It is not popular to say so but I have this doubt too.
    Currently at least there is no requirement to notify and you only need to prove you still have a similar job OFFER (not necessarily working) if and when there is an RFE.

    Only good thing happened to us in last decade, as far as I can remember, is AC21 and concurrent filing.

    All these immigration laws are designed to keep us indebted/bonded to the employer. They might see this as a liberating provision and try to chain us back. This may or may not happen, but just my paranoid reaction,.

    Hope AC21 don't go away like labor substitution has. :(

    That is naive... AC21 is not an administrative decision of USCIS... It is a law... AC21 = American Competitiveness in the 21st Century act!! It was passed by congress and the only body that can revoke it is congress.

    USCIS cannot revoke AC21.. only congress can. Please dont be paranoid. The most USCIS can do is refuse to change their current stance on same/similar job.

    Gurus, correct me if I am wrong.