Wednesday, June 29, 2011

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  • meridiani.planum
    11-30 07:19 PM
    I am really sorry to hear your situation...

    I am not sure whether you have US born kid or not.. but I have read somewhere that if mother has US born kid, she can stay here in US on Kids account. You might want to check this...

    Post a link...




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  • jonty_11
    08-08 12:08 PM
    Congrats...remember folks are waiting for over 10 years...and still not CARD PROD ORDERED e mail...so be happy and enjoy!!!!




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  • Macaca
    07-08 09:28 PM
    Macaca:
    The anticipated demand (that is calculated based on Pending Applications, New Applications that might become approvable and plethora of other factors including guess work) on Oct 1 2005/Oct 1 2006 was MUCH higher than 140,000 that was available for the entire year. Infact you have to break 140,000 into four quarters and apply contry quota (7%) to it since EB-3 ROW was not current on these dates. Thus it was hardly a surprise that India and China and EB-3 ROW remained retrogress on these dates.

    Now fast forward to June 2007, there were 40,000 visa available in that last quarter and EB-3 ROW was in no position to consume that many that means spillover would come to India and China EB3/EB3 or else visa would be wasted in big numbers. The solution was to increase the supply and hence everything was current overnight. Until USCIS came in to spoil the party. They didn't do it in any simple way instead they choose the route of complete exhashtion and hence shutting the door.

    Bottom line is: Unless demand for EB-3 ROW subsides (or it becomes current leaving substantial numbers for spillover) India EB-2 will always be cap subjected to 3200 or so visas every year. The sad part is catching up with the demand for EB-3 ROW is a moving target and thus EB-2 India might NEVER qualify for spillovers. I hope I am proved wrong by someone who has more insight.
    My analysis is minimally, if at all, dependent on India, China, ROW, ...

    Offcourse I don't know all laws. I will believe DOS/USCIS URLs that explain how VB dates are set.

    In general, it will be very useful to finds URLs that explain VB date setting and identify USCIS inconsistencies which they call LAW.




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  • kdprasad
    08-13 08:01 PM
    My attorney just emailed me, she received receipt notices for 485, EAD and AP for both me and my wife.

    My application was received on July 2nd 9:01 AM, if it matters it was signed by R Mickels. Also, there is no LUD change on my I140 application, so I guess LUD changes on I-140 mean nothing.

    I have not seen the notices yet so I dont know what the notice dates are.

    Did the checks got cashed. ???



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  • kg318
    04-20 09:23 PM
    thanks a lot guyz for all ur replies. My only concern is can they claim the GC expenses(lawyer fee and advertisement costs involved in PERM filing) as the expenses they incurred because of me leaving the company if they file a law suit using non compete. There is no other expense relocation, training or another kind of expense that company has incurred for me(not a single penny except h1b filing). and one more thing i want to let u know is that i am workign with the same client just changed my h1b to PF. Will that be a trouble??? As i have already mentioned earlier in the agreement of company A with PF when i joined the company clearly specifies that PF can take me immediately upon my termination with company A.




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  • vbkris77
    07-19 10:49 PM
    I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.

    Even though I am waiting under EB2, I support this initiative. However INA clearly tells CIS/DoS to follow their current approach. Otherwise, this would have been in our first question to administration. Read below the text from INA with emphasis added.

    Now I don't think it is fair. So I think we need to ask IV Core to analyze the proposal of adding the required text to CIR to make the process level playing for everyone. Recapture of visas coupled with removal of country limits would actually clear the current backlog. But to avoid future backlog I think it is only fair to make Spillover of the visas available beyond 28.6 % of visas available for any category be applied to the applicants with oldest priority date irrespective of the priority category.




    INA Sec 203

    (b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:

    (1) Priority workers. - Visas shall first 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 paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):

    (A) Aliens with extraordinary ability. - An alien is described in this subparagraph if -

    (i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,

    (ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and

    (iii) the alien's entry into the United States will substantially benefit prospectively the United States.

    (B) Outstanding professors and researchers. -An alien is described in this subparagraph if -

    (i) the alien is recognized internationally as outstanding in a specific academic area,

    (ii) the alien has at least 3 years of experience in teaching or research in the academic area, and

    (iii) the alien seeks to enter the United States-

    (I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,

    (II) for a comparable position with a university or institution of higher education to conduct research in the area, or

    (III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.

    (C) Certain multinational executives and managers. An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.


    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -

    (A) In general. - 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.

    (B) (i) 1/ 1a/ Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien's services in the sciences, arts, professions, or business be sought by an employer in the United States.



    (ii) (I) The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if--

    (aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and



    (bb) a Federal agency or a department of public health in any State has previously determined that the alien physician's work in such an area or at such facility was in the public interest.


    USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)



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  • confu
    08-04 01:35 PM
    I got my card today.
    It starts on the next day of my old cards expiry date.
    Validity is for one year only though.


    What is your application PD and Category?




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  • a1b2c3
    06-28 03:30 PM
    like desi*3* pointed out, its good to get a lawyers' opinion. if this was illegal it is unlikely that corps would do such postings in such numbers.

    unfortunately, H1B is often the last choice in tough economic times (of course the job skills will continue to be an overriding factor) which hurt some H1B workers the most. Personally, holding a job was very difficult for me during the dot com bust so I understand the pain.

    But there is very little to be gained by copy-pasting dice ads in IV forums . we have also seen such ads during the the dot com bust when software industry was down. what's so new here?

    and by going to the media, you are going to incite more anti-indian feeling. an indian gets equated to a job stealer in these times. people don't bother to instrospect over what exactly has ruined the job market.

    at times its good to lie low instead of making impotent noises. just my opinion.
    choose wisely. finally, each to his/her own.



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  • sanhari
    07-19 04:08 PM
    how to use the spillover is purely an USCIS decision. Only to use the spillover to avoid wastage is a law, which is already in place. Infact USCIS was not doing this top down approach on spill over few years ago, this is a new practice they are following since last Fiscal Year, so I strongly believe if Congressmen/women puts pressure/more request it can be changed to a fair application of visa spillover to benefit all that are in the queue for a long wait.

    Let's please not start EB2 and EB3 fight again.

    What I understand (and I am not a lawyer), is to change the current situation, law must be changed. Congressman can be helpful here, but only if there is going to be a change in law. A congressman can not simply call USCIS to change the way they do things. They must come up with legislative change that can then be followed by USCIS.

    Now for any legislative change, there is resistance from CHC to let it pass as a small piece, rather they want more comprehensive approach. This issue is so complex and no political party or politicians are interested in opeing the can of worms.

    Did you see O'Riely interview Sarah Palin?? She could not answer the question that was "yes or no" (I am not much impressed with her IQ any way...but that was one example).

    Under current circumstances, the only two hopes for EB3 India are:
    1. Port over to EB2.
    2. Legislative change which effectively will mean immigration reform with good provisions for EB immigration.

    What can we relay to our congressmen? (and we all should do it):
    - Employment based immigration is good for the economic health of this country: it creates jobs, EB immigrants pay taxes, buy houses, they are educated etc.
    - EB immigration is only a small fraction of immigration currently (I forgot the exact %, I believe it is 12%). And it carries "country cap" in the name of "diversity". However no such control exist for the majority of rest of immigration (88%) and so there is no diversity clause there....why is it only on EB immigration.
    - EB immigrants pay a major portion of income to USCIS. While data is not availabe from USCIS, if we do the math (based on filing fees), it pays for > 50% of income of USCIS while it constitutes only 12% of their workload.

    Bottom line:
    - Increasing EB immigration can only bring prosperity to this country. If at all immigration needs to be curbed, it should be other areas where rest of 88% of immigration is occuring which may not be good for the country's economy.
    - Increase the annual quota of EB immigration, remove the country cap, make it simple to attract more talent from the rest of the world.
    - In fact anyone who completes masters of higher degree in STEM, should be oferred immigration benefit automatically.




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  • anzerraja
    07-20 10:14 AM
    Zooom

    http://spreadsheets.google.com/ccc?k...U3Fn9GTQ&hl=en

    Can you PM me your email id so we can work out the things with this thread.


    Yeah sure we can extend this till monday..Is somebody keeping track of people and their pledge amount?



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  • prem_goel
    11-17 09:50 PM
    done




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  • danila
    07-08 08:15 PM
    AFAIK when you file the A number is allocated. That is the "visa number", and it comes from the country/EB quotas.

    once that is exhausted for a country/EB, you have to wait.

    it is not the CIS being mean. That is the way the Congress wrote the law. CIS is just enforcing it.

    'A' number is not the visa number, it's the alien registration number assigned by USCIS. Visa number is allocated only when the AOS application has been approved.



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  • avi_ny
    08-01 01:09 PM
    Wait till next week-end. My 140 mailed to NSC on 11th April (why?? not sure) and received RN from texas. ND was dated 19th April. RD was 13th April.

    Now # of applications are more so it can take more time but your RD will be maintained.

    Hope this helps...


    My i-140 no. starts with SRC 06, is this also from Texas?




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  • Jyotsna
    09-10 07:10 PM
    I don't usually comment on such posts and I have seen a lot of people take the side I am about to take. I just think you are being unnecessarily rude. It is these people and their opinions that cause IV to exist as a group. Lets say you are going to lock membership only to people paying a membership fee every month. How big a group are you going to get?

    If it is going to be significant, then maybe that's the way IV should go and should just shut down public forums where there are members who can talk and members who have "not bought their right to talk"

    I bring up the "monthly membership" issue because I did make donations on multiple occasions (you should probably look up your records and verify). And yet, under the new design, I am not a donor, I do not get access to the exclusive threads that only the privileged monthly members do. So, just like the OP, I am a thankless member who thinks the group is thankless. So, I do not know what initiatives IV has taken, but yet, I linger around the forums because it has so many smart people throwing around ideas, working on theories and just being friendly.

    Maybe you should just create a little forum of yours in one corner and put walls around so no one can come in and make suggestions about things you won't tell them about. Does it take that much effort to be nice to someone? Just remember that he is free to tell you what to do irrespective of who he is. What you actually do is upto you. Just be nice for a change, it will make you get a whole new perspective on life!

    I totally agree with your Deepak. People have to understand that everyone in this forum is going through the same situation but in a different way. And sharing views participating should be open to all. If one can contribute in any way should be appreciated or else Like you said there should be a wall.



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  • truthinspector
    07-05 01:10 PM
    The culprit being subjected to Gandhigiri (Gandhi-ism: A strategy to win unjust,corrupt mind by highly unexpected pleasant deeds.)has some shame and self respect.If the target is a moron, he would slap you to death, no matter how many chances you give him.

    In our case we don't even know who the culprit is (USCIS/DOS/Capitol Hill/Anti-Immigrants/Lobbyists). The only thing that would come out of these flowers is a security alarm. I know many would take this as a negative approach, but this is the most logical outcome of this action.

    On a lighter note, if sending flowers/fruits would have won hearts of the immigration officers, imagine how easy GC would be for those illegal immigrants who work on the farms.

    Gandhigiri is a concept in an indian movie based on Gandhi principles. In which hero of the movie wins over anti-hero by sending flowers to him as per Gandhi principles for every wrong doing he does and he makes others also do the same who are effected by the anti-hero wrong doings..




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  • ilikekilo
    03-07 11:41 AM
    The Intent & Implicatins could easilty be challenged....I need not have to write how intent could be challenged, as fa as implications are concerned, country cap has given grief to certain section, while they are still living in the country...

    Why dont we all stick to a common agenda where there are more chances rather than everyone coming with some and in the end you know what happens...

    IV is a platform where people do things together NOT everyone digressing in their own ways..not right...



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  • ak_manu
    06-09 11:40 AM
    Hi,

    I filed for my I-140 last month and got a reciept notice. Based on the processing times it looks like it might take atleast 6 months for my I-140 to get approved. My priority date is 07/2004 EB3. In case EB3 dates move this month and my PD becomes current, Can I still file for my I-485 this month even if my I-140 is not approved yet?

    FYI,
    I cannot file for I-140 premium processing as I have filed for I-140 with a substituted labor.

    I appreciate all of your comments.

    Thanks!!




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  • jobforme
    07-10 12:33 PM
    How about we come up with a skit where we can reenact the drama about the whole episode in a funny way. Where we can have people portraying roles of USCIS Director, Secrtary of State, Immigrants calling franctically to India to get their documents, parents running around to get doucments, the start of rumor, the employees of uscis working on sunday to adjudicate the cases, then the flip flop of DOS. etc. Then we can put this on youtube and will attract publicity.




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  • Macaca
    12-10 10:06 AM
    I am doing the following even if there are 0 takers.


    Educate lawmakers about retorgression.
    Prioritize interim options based on controversial factor. Some forum posts have good ideas.
    Start right now. I don't know how to enjoy holidays without any hope.


    I don't understand all the issues (like EAD). In order to proceed, I am trying to understand (= validate + document) the

    process and platform (senate/congress) on which retrogression will be addressed.
    process and platform on which interim measure can be introduced.
    effect of each interim measure.




    GCDream
    07-03 05:51 PM
    Done.
    :)
    Order Number: FNM1315364




    gch
    05-28 12:44 PM
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