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  • mallu
    02-20 04:46 PM
    Can anybody estimate out of the 47000 identified cases that is affected by Name Check...

    How many are real old PD's like

    Prior to 2003

    Between 2003 and 2005

    Between 2005 and 2007

    India / China / Mexico / ROW

    .





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  • veni001
    09-07 10:13 AM
    I have 14 years of education in india and 20 years of experience in IT - if my job requirement says bachelors equivalent + 10 years experience will it qualify me and job as EB2 ?

    AS long as the requirements are standard across the board(industry) other wise DOL will request to prove the business necessity through audit. :o





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  • gumpena
    07-02 04:24 PM
    Attorney and filing fees taken care by company. For others --

    Total approx - $700





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  • gveerab
    11-03 12:24 AM
    Today I was talking to IO in Texas service center, during discussion I told her that India dates might retrogress.. can you please expedite my case. For that she replied that " that's what they are doing"

    I am not sure how reliable is this and on what she has in her mind.. Just wanted to share the information. Don't give me RED for this.



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  • chumki
    12-17 07:13 PM
    Changing jobs after 180 days of I-1485 pending/ I-140 approved.

    Simple question:

    1. Should I file AC-21 Memo with USCIS or not?

    2. What are the risks of filing AC-21?

    Note: I am working on EAD in Texas and my Labor was at IL but similar job.

    3. Does Ac-21 always trigger a RFE and/or Interview?

    4. What are the advantages of filing AC-21?

    Please advise.





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  • realizeit
    02-11 11:53 PM
    Mr MPADAPA,

    I know you have spent some time analyzing the whole stuff and came with your conclusions. At the end, if someone says that the crux of your conclusions are wrong, for an emotional person, it would be tough to take. A rational person would take it lightly and think before responding. In your immediate previous reply, you just cherry picked a quote from my previous reply and put that as my interpretation. Please do not put words into my mouth. My reply has been pasted below in its entirety.

    You have campared the paragraph with NumbersUSA argument etc. Dear friend, my argument was exactly opposite to that paragraph. I think, you didn't get the meaning of the paragraph itself. My paragraph contained phrases like "If your argument is correct..", ". If the unused can be given to ..". etc, which makes the argument exactly opposite to what mentioned there. So, that means I believe exactly opposite to those arguments.

    I acknowledge that you have every right to interpret the law in whichever way you want. My point is that, it really doesn't matter to all of the folks who applied in EB2 and waiting for GC. The thing that really matters is the way in which USCIS acts this year. They can act in whatever way they want. This year, if they say, there won't be any family visa wastage, we will get nothing. Contrary to that, if they see that by the end of the year there is a chance for 15K family vis wastage, they may allocate that to employment category.

    To all EB2 folks out there: No need to really feel bad or happy about the analysis of Mr. MPADAPA.

    My general advice to anyone who put forward an argument for propaganda and a campaign is: Don't massage the facts, don't twist the facts, don't over analyze, don't under analyze, Also don't say that your interpretation is the final verdict. Because, even if we can analyze all the immigration related laws in the whole Federal register, we may not be able to come to a final conclusion....!! Why? Because you don't have a clue what is in the field manual and internal memos of the USCIS and you don't know how they procedurely allocate spill over etc on each year. As long as USCIS and DOS can use the terms "In Anticipation..", "As per our expectations..", no one will be able to hold them accountable for the visa wastage.

    MPADAPA..you may continue your argument/discussions, if you think this is a moot point. But I don't believe so.

    If you can prove your initial basic argument with complete facts and details, I will openly declare, I am wrong! Your original argument was "Since the family category used up all Visa numbers in 2008, in 2009 EB2 cannot expect any spill over from Family category and hence we need to expect slow movement....".

    Instead of proving the above, you may cherry pick my statements and continue to beat about the bush. I am giving up here my friend.

    Good luck :)




    realizeit, you just didn't get the unused visa calculation.
    By the way your interpretation quoted below is exactly what numbersUSA used to claim that there is no visa available for recapture. And they used that argument to shoot down our recapture bill.

    Knowing that PD's aren't going to move forward drastically, we need to start working towards some thing drastic like a bill/amendment. Or we can sit and mull over it and wait until the second week of Aug (when Sep bulletin is announced) to show our frustration.

    My complete earlier reply

    Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.

    In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).

    If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.

    In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.

    In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!



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  • eb3retro
    01-31 02:03 PM
    Well, everyone wishes the rumour to be true.
    But you know what, to realize the increase in fees for the I-485, they should allow people to file for it. Unless people start filing for I-485's they are not going to make the $2billion in 2 yrs. If retrogression continues, guess the fee increase doesn't make much sense.... Not sure whether I am right or wrong here.


    Well, you are bringing up a very good point. May be we can setup a webfax event to USCIS, for allowing us to I-485 even if PD is not current, so that they can reap the exact benefit of this fees hike.

    Core members - what say you???





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  • jonty_11
    06-04 06:25 PM
    only reason USCIS can afford to do it is becoz they are not accountable (As we are not a vote bank)...

    But with IV on our side, we can make them streamline their procedures and work efficiently - whcih has never been a priority.



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  • Pineapple
    01-03 10:36 PM
    This does raise some valid questions... For instance, what about children from, say, a previous marriage? What about children when the couples are not married? Do the children qualify under FB visa?

    I realize this has nothing to do with EB immigration, and that such cases are relatively uncommon. But still, if someone with expertise and experience can comment, it would add to the knowledge base, and who knows, someone might find it extremely useful.





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  • mallu
    11-30 01:27 PM
    http://www.durrani.com/docs/FBI%20Process.pdf

    It says some applications will still be delayed . I assume of one is stuck with namecheck where FBI is waiting for response from native country, he will be waiting for eternity. Nowhere it says applications will be approved while the namecheck is pending.



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  • H1B-GC
    05-14 10:03 PM
    Good find Aadimanav. Way to go Ms.Lofgren !! Thanks for all your Efforts and we all really appreciate your work.





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  • globaldesi
    07-06 11:55 AM
    I fully support the initiative.
    What more needs to be done to get the ball rolling?



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  • indianabacklog
    07-14 02:25 PM
    The dream act is an awesome legislation, my dad was one who sent his application for I-485 and it was received on the 2nd of july. However, due to the July visa fiasco he is stuck like the rest of you guys. My point is rather that I aged out in June 2007 and could not be added with my family, for the month of July. I would receive benefits because this would put me out of status as well...also children of illegals are still children. They are not illegal because they did not choose the right to come here but came without any knowledge. So Please everyone take your time to call your respective senators and email them. You can find the names and numbers of your respective senators on the link below...
    http://capwiz.com/aila2/callalert/index.tt?alertid=10001091

    You are only out of status if you have not applied for an alternative visa category, F1 probably.

    There are various versions of the DREAM act and the most recent one in particular you had to be able to show you did not any legal visa status for being in the US to benefit from it. Majority of children who age out move onto F1 visas which means they have LEGAL status so would NOT benefit.

    Much depends on what version of the act is being put forward.





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  • payur
    04-13 01:10 PM
    By clicking the below link please send email to your senators, all you need is to give your contact info and the email will be sent to the corresponding senators in your area.

    http://capwiz.com/aila2/issues/alert/?alertid=9615496



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  • eilsoe
    02-05 12:56 AM
    right :)





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  • Oblique
    02-04 08:24 PM
    Now that I look at it more, I really really like yours Kit :P I was just skimming through them and voted, but now that I look at em again, I should have voted for you :( Love the castle, and the background work for it.. Kinda looks like one of those Aztec Mayan thingers you see in the mountains or whatever :beam:

    Nice job too all..



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  • kriskris
    03-27 11:23 AM
    For those who are NOT US Citizens or Permanent Residents, all the transactions like address change/renewal have to be done in person in TX. No online or mail access.





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  • OLDMONK
    07-19 11:48 AM
    If your COS application was approved and you didnt have to go out of US for H1B stamping I would assume your are in status.

    I dont know if this would come up in RFE or at interview stage, but I wont worry about it unless the period was more than 180 days.





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  • swarnapuri
    07-17 10:07 AM
    I am still not able to see, can you tell me what dates I-140 advanced degree are being processed.

    September 14, 2006





    pasupuleti
    04-02 11:53 AM
    sent both faxes





    gc_chahiye
    08-10 12:35 PM
    Perm filers hate LS guys as they went ahead of line...
    Backlog guys hate Perm filers as they went ahead of line...
    Eb3 guys hate EB3-EB2 conversion guys as they went ahead of line...
    ....and it goes on.
    This shit never ends!!!:(

    Strangely, everything is done within the scope of law!

    :D also the EB2 guys hate the EB3-EB2 conversions as those guys also jumped to a faster line pushing these EB2'ers back...

    Hope enough people show up at the DC rally and IV can get the legislators to do something about all these lines so there is no need for line jumping...