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  • drirshad
    03-09 10:11 PM
    Ron Gotcher says, following him for years gotta believe him now .........

    http://www.immigration-information.com/forums/showthread.php?t=7501

    Based on this information, it appears that the CIS really is adjudicating cases at a faster pace. If so, then this is unprecedented. My take on this is that the CIS is concentrating on EB3 cases, since that is where the demand seems to be. Notice that Paragraph F mentions the possibility of rapid movement in other categories. Since first preference is always "current" for everyone, that only leaves second preference for India and China.

    E. RETROGRESSON OF THE WORLDWIDE, MEXICO, AND PHILIPPINES EMPLOYMENT THIRD PREFERENCE CUT-OFF DATES FOR APRIL
    Despite the established cut-off date having been held for the past five months in an effort to keep demand within the average monthly usage targets, the amount of demand being received from Citizenship and Immigration Services (CIS) Offices for adjustment of status cases remains extremely high. Therefore, it has been necessary to retrogress the April cut-off dates in an attempt to hold demand within the FY-2009 annual limit. Since over 60 percent of the Worldwide and Philippines Employment Third preference CIS demand received this year has been for applicants with priority dates prior to January 1, 2004, the cut-off date has been retrogressed to 01MAR03 to help ensure that the amount of future demand is significantly reduced. As indicated in the last sentence of Item A, paragraph 1, of this bulletin, this cut-off date will be applied immediately. It should also be noted that further retrogression or “unavailability” at any time cannot be ruled out.
    It has also been necessary to retrogress the Employment Third Preference Other Worker cut-off date for all countries in order to hold the issuance level within the annual limit.

    F. VISA AVAILABILITY IN THE COMING MONTHS
    During the past year, many preference categories have experienced steady and sometimes rapid cut-off date movement. Such action is normally followed by an increase in applicant demand. Heavy applicant demand for numbers in some categories could require cut-off date movements to slow, stop, or even retrogress at some point during the remainder of FY in order to hold visa use within the applicable annual numerical limits. Should such action occur, it would most likely be only temporary in nature, pending the start of the new fiscal year in October.





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  • fcres
    07-24 04:48 PM
    Well according to this FAQ dated 07/23 they will accept application without medical report (Qn# 13) which is also an initial evidence. So i hope EVL is also ok.
    http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

    My lawyer agreed to send the EVL separate eventhough he said he does not foresee a rejection on the case on this ground. He said its not advised to send another 485, just sent a cover letter and the EVL.





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  • same_old_guy
    07-09 04:38 PM
    newbee7 is right.

    Either the security clearance/FBI name check was COMPLETE or NOT. There is nothing as "would-be-done-shortly-for-sure" !

    Bottom-line, if it can be proved in a court of law that USCIS approved cases without security clearance, there is a solid ground for the suit. It's against the law and it undermines the national security concerns.

    Second, USCIS working in bad faith when they rushed to allocate all the quota just to avoid new I-485 applications. It clearly has "intentional" written all over it.

    Third, I saw somewhere an excerpt from INA law that there is a limit on how many visa number can be allocated in a month. As per that clause, USCIS broke the law.

    Fourth, there is a solid ground to sue USCIS for the expense to say the least. People has to pay a whole lot of things including lawyer, medical, photo etc. Time and effort spent on that is no less.





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  • gcnirvana
    04-23 12:41 PM
    Great to hear that the event was a success. I was one of the volunteers who had the oppurtunity to call CA members and I just have one suggestion. Please update your profiles with your latest email and phone numbers. Of the 25 people I called, atleast 5 or 6 had incorrect phone numbers. One even went to a fax number. The intent for IV is to reach you quickly in such case but looks like the intent for such members is 'do-not-disturb'.



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  • gsc999
    04-23 10:44 AM
    This meeting was a success since IV was able to display support for the bill and also then follow up after the meeting. IV core members worked hard to make this event a success and we are happy to report this.
    Many thanks to gsc999 for bringing a banner and wearing IV T shirt
    ---
    Pappu, thank you for your kind words. I just had the T-shirt. Canadian_Dream brought the banner. Canadian_dream has been a very active member behind the scenes. Both of us coordinated this effort so that we could share the work. Next time we promise to be better prepared.

    Go Northern California Group, Go IV!





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  • indianindian2006
    07-14 06:09 PM
    This is aboslutly incorrect. Dont spread false information.

    Here is the Q&A in USCIS memo abot changing employer before 180 days

    Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?

    Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate

    You are correct but his case could be that his employer cancelled his 140 which could damage his case more than the use of AC21 to change employers.



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  • vnkpaul
    09-15 04:09 PM
    I am currently working for company X on L1B visa, my visa is valid till Sep 2009 and My I94 is valid till Apr 2010. I was in India in April 2008 and I had applied for a H1B visa via company Y (in US) in April 2008 and my petition got selected and approved in the lottery and I am eligible to get it stamped from 1st October 2008.
    I have been on L1 2 times for about 1 year duration each time.

    My questions are:

    1. Since I was out of US during the H1B application filing, my H1B will only be valid when I get it stamped by US consulate in Canada? (I had specified that as my port of entry to US knowing that I will be in US at that point of time)
    2. Can I continue to work for company X based on my L1 till I get my H1B stamped, which I plan to get done by Dec 08?
    3. At the US consulate, at the time of stamping if they reject my H1B application would my existing L1 be still valid or they cancel that also?

    Please reply... Thanks in advance...





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  • pkak
    07-09 08:10 PM
    I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. This makes only 126,000. The remaining number was splitted for Consular processing.

    my 2 cents...

    They cannot issue more than 37.800 visas for april-may-june quarter (0.27*140,000).

    37800+13000 is less than 60,000.



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  • crazyghoda
    02-13 02:50 PM
    All,

    Thank you for supporting me during this stage. The RFE was for employer verification. Luckily I just managed to get a new job and started this week. I have an offer letter as well as got the HR department to provide an Employment Verification Letter stating my name, title and salary. Now I need to work with my lawyer to respond to the RFE.

    Thanks again to all who responded. I'll keep you folks updated once I submit my RFE response.





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  • BlueSunD
    03-11 05:03 PM
    OK, sorry for the delay. First make sure you�re in "Rendering" mode, select the light you want to unlink (at least at firs, since by default when a light is created it lights every object). Now, shift select the object(s) you may want to unlink, now go to Lighting/Shading in the menu bar, and select the option "Break Light Links" and that�s it! Now do a tst render and see the result.To do linking, it the same way but obviously using the "Make light link" option. Hope it helps! And I like your image very much!



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  • singhsa3
    03-05 03:41 PM
    Personally, I think you are not thinking clearly. If I really wanted a mortgage do you think I would have been writting on immigrationvoice.org
    My motive is simple and straightforward. I am looking for points that I can use to convince lawmakers and media that American will gain AND not loose by supporting our cause.

    I also plan to use the poll results during our upcoming meeting with lawmakers. If you have some better idea , which will enable me to use during such meetings, I am all ears.

    I have sympathy for your position, I feel blessed that my situation and timing were more favorable.

    The poll we are voting on was when did we plan to make a property purchase, my view and my opinion was that to me holding the green card wasn't the deciding factor.

    I agree there is risk in property values and the ability to liquidate.

    I acknowledge that your position is because of market conditions in the lending economy that have changed, in 1999 I got a mortgage after 3 months on H1b, and I know times have changed.

    But obviously you attempted to consider buying property before your GC approval, because of your mortgage rejection...which is due to lender policy.


    I thought the purpose of the poll was to measure the forums "plan and intention": when do you plan to buy a house?

    Are you waiting for green card approval or are you buying before?


    Perhaps it's an unfair question, because most people don't have the cash to just buy out right and are forced to borrow, at the lenders conditions.

    The other economic question is about property values and real estate cycles. The two rules of real estate are "location, location, location" and "timing".

    Then factor the security of your position.

    At the end of the day as I see it we have to choices, we either rent accomodation or we buy.

    It's up to all of us to make our own decision as to which route we wish to take and whether the cost of renting is the opportunity cost of buying.



    So here's my question to you...if you could secure funding, would you buy or would you wait for GC approval?



    Are you experiencing difficulty in securing a mortgage because you are not a green card holder? is a different question.


    my best wishes and good luck to all





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  • krishna.ahd
    01-30 01:21 PM
    Unpaid bench means you are "Out of Status". Not illegal.

    When you are present in the country after your I-94 has expired, then you are illegal.

    There are 3 things guaranteed in life: Death, Taxes and unpaid bench when working for a desi company.

    Whether you will go on bench or not depends completely on you, your skills, your willingness to find jobs across the country (not just where you live), your willingness to travel and the biggest factor : Market conditions. Right now, the market is good, and if you live in a big city with good opportunities, and if your skills are good, then you may be able to find a project wherever you live.

    If the whole thing doesnt work out, then you can always go back on H4.( If you stop working, you have to file for H1 to H4 transfer also, its not automatic, many people have learned this the hard way)

    About stamping, well, that's a question I really dont know the answer to. I have not heard of many examples or questions about what happens when a person on valid H4 applies for a H1 stamp. Someone here, if he/she has experience may be able to answer.
    Very well said locilife (about the things guaranteed in life)
    Double (triple??) check about the desi consulting compnay and their ability to get you the project.

    Good Luck.
    Krishna
    "When the going gets tough, the tough gets going"



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  • dealsnet
    08-21 04:40 PM
    You didn't say what help you are looking for. Are you looking for any kind of contribution from IV members?.
    Here is employement based people. You are not willing to pay for medicals for I-485. You didn't have money. Your sponser not willing to pay also. They may be getting money from the welfare for taking care for that disable person. US govt. will look after the disabled people. In nursing home or by using home nurse. Your compassion have no value for govt. machinary. You may get sympathy from people, not from govt. or USCIS.

    What catagory you filed the I-485? What based? Do you have a social security number?
    Answer these questions.
    Then you will get answers from this forum, if you are looking for answers only.



    I received my RFE today and I am totally shocked and in a state of panic because they are asking for a lot of things to be submitted in 30 days and there is absolutely no way at this point that I can get $1000 together for the I-485 Supplement A form, PLUS the money to see a civil surgeon for a medical exam. Those are the two most important forms they are requesting but there are still 3 more forms aside from that. I am also required to show evidence of valid entry which I don't understand. When I came here, I was engaged to be married. I had only my birth certificate and driver's license when I went through customs in 2003. I was not required to have a passport so I have nothing at this point to show them. How do I deal with this to show I did not enter the country illegally? I did not marry my fiance in the end, but I did acquire employment with his relatives and I am still with them. I take care of a disabled person in the home and there is no way they will accept another person at this time. Not after 6 years. This is like family to me now and I can't just expect someone to take my place and do what I do. It doesn't work that way. We already went through the process of offering this position to someone else who was born and raised here and nobody wanted the job. We had one phone call over a 3 week period and nothing came of it. I do not receive monetary wages, I get room and board, therefore I do not have the money I need to submit this supplement A form and the people I live with are not able to just toss out that kind of money either. They also want me to submit evidence that I have maintained non-immigrant status - what the heck is that? I have filed every application that they have requested until now - nothing was ever said about this non-immigrant status stuff. I am confused and totally at a loss.
    I am outraged that after not hearing ONE thing from them in over 2 years, that all of a sudden I am supposed to come up with all this stuff, hand over money I don't have and still not be assured my green card.

    I was never aware that I had to submit an I-485 Supplement A form - why? Why has no one told me about this before now? I never saw one thing on the I-485 form that I filled out that a supplement was needed. I was not told I had to see a civil surgeon to submit a medical exam and any CS available is 4 hours away in any direction after checking out the list on the USCIS website. The household I live in is not able to just up and go whenever USCIS demands it and they are making our lives very difficult right now.
    How do I handle this?
    They say I have 33 days to get this cleared up and without employment for wages, this is impossible. Any previous forms I submitted were ones I was prepared for and I had help from a friend at the time, but that was over 2 years ago and I cannot expect other people to just hand over money now, especially $1000.
    I am not leaving this household - there is no way I can abandon the person I live with and entrust them to someone else and there is no way this person would ever stand for that.

    Is there anything that can be done to either get an extension or get around the I-485 supplement A? I am not as concerned about the civil surgeon exam, but I don't have a clue how much that will cost and again, I don't know how I will get the money to do that either.
    I am really ticked with USCIS and their utter lack of correspondence and then expecting me to bleed money from a stone for them. They are not in any hurry to process my application so why do I need to be? I've been here this long, what's another few years?
    Has anyone else dealt with this or can you direct me to someone who knows what needs to be done and how?





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  • GCBy3000
    12-27 09:44 AM
    I have been in different states and this drivers licence rule differ substantially. California / florida strictly goes with your H1b validity date. For H4, it is much more difficult and my wife did not get it in CA but somehow managed ot get it in FL. When I moved to wisconsin, they gave me 3+years over my H1b validity date and also for my wife. The entire DMV process took us 5 mins whereas in FL, we stood in line from morining 3 am till evening 5pm and eventually got appointment for next day. When I asked about this in WI DMV, they said Wisconsin does not follow this and they are not aware of this.

    If financial institutions are following govt regulations, does it mean that Govt mandated this against h1b? One of those gimmicks where a H1b is subject to difficulty like obtaining driver lisence etc...is this the same gimmick to legally give hardship to h1b?



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  • ak27
    12-25 10:07 AM
    Hello Everyone,
    I have created google group for NJ Chapter and there are four members in this group so far. If you can send me your email ID then I will let you join..

    Varsha: I will see if I can change ownership of group to you. It is much easier to communicate through emails then looking at chapter posting..


    Thank you
    ak27





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  • uma001
    07-29 04:19 PM
    Never been in a dire situation??

    August 10th 2010 it will be 15 years in this country (Masters 95), so been there done and seen that, so stop cribbing and stop being a cry baby


    poor sod! ???? No Comment :-)

    15 years is too long. Khudos to you

    I am not crying buddy, Just letting others know how they treat.You might have known about this already since you experienced it. Anyway, now I knew that there are more sad pasts here than mine.

    FYI this is not my first H1, this is my second H1.Total 12 years since I landed in US for first time.



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  • mnq1979
    08-21 09:46 AM
    Well consult a attorney and discuss with him. Your case looks complicated to me, i would suggest you to get a good attorney to sort this mess.





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  • perm2gc
    01-10 06:11 PM
    https://www.visapro.com/Message-Board/showthread.php?p=62321#post62321





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  • abcdefgh
    01-17 08:17 AM
    Pappu:

    Can we post link to this thread some where on every page so that who ever visits IV sees this thread right away? May be in different color or in some way so that it stands out. It looks like this thread is lost among all other threads.





    gc__aspirant
    05-30 02:49 AM
    Hi All,

    I applied my I485 in April 2007 (PD-July 2002, RD-April 23, 2007) and there has been no update (LUDs) on my application even after FP in May 2007. I called up NSC in Nov 2007 and they confirmed that FPs are OK and it is OK to have no LUDs after FP. Since then, it is a waiting game. Till Feb, i was told that my app is under security review (although my spouse's review was complete). After the USCIS's memo in Feb, there is no update either. My attorney has opened an SR with NSC on may 8th and they acknowledged that my app is outside the normal processing time.

    Any suggestions on what steps should i take?

    Thanks





    vghc
    02-04 12:36 PM
    Some questions to those who are supporting country cap.

    Why not put a country cap on foreign students� visas since many of them get into the green card line eventually?
    Why not put a country cap on H1B visas since many of them get into the green card line eventually?
    Why not put a country cap on labor certifications?
    Why not put a country cap on I-140s?
    Why not impose a country cap at the port of entry?
    Why not put a country cap on visitors� visas?
    Why not put a country cap on business visas?
    Why not put a country cap on US trade with other countries?
    Why not put a country cap on amount of US $ reserves that each country can have?
    Why not put a country cap on children that foreigners in the US can bear?
    Why not put a country cap on the foreigners� earnings in the US?
    .
    .
    .
    And the list can go on.

    Putting country cap on greens cards serves a hidden racist agenda of not letting the people of one particular ethnic group grow in number and become strong.


    Why not just fight for increase in numbers of GC and benefit everyone?
    Taking a benefit from one group and applying to another disadvantage group only causes division of the entire group. Lets be more constructive in coming out with a solution.