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Friday, June 24, 2011

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  • kpchal2
    07-18 09:53 AM
    can some one call 1-800-375-5283, with ext 1,2,3,6 and talk to a person at USCIS and see what they know about the applications on july 2nd. i am on the pacific coast and it is still not 8 here. seems like they only talk between 8 and 6





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  • jayZinDC
    05-28 03:41 PM
    I used AC21 twice. Both times I informed USCIS, EVL contained exact job description but different title. Did not have any AC21 related RFE and today got 'CP ordered email'. :) good luck to all!

    Hope this helps...

    Did you send the EVL to USCIS yourself or did your lawyer take care of it? Is there are specific process, document format to follow? Congrats one and all who got approved seems to be a lot of progress in the Eb-2 arena. I heard of 15 approvals of EB-2 PD03 (Jan-Apr) in my company itsef





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  • theperm
    03-15 11:46 PM
    instead write long letters to USCIS like IV suggested ! thats the place to vent.





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  • sammas
    07-12 04:41 PM
    Sorry to say this but 1st March is not considered. Hopefully your PD will be current in next Sep 2010 bulletin. Good Luck!



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  • Legal
    07-13 04:49 PM
    If they can approve ~ 150 k total EB cases per year @ ~12,500 / month, with EB3 used up for the remainder of this year, they can definitely process at least 25 k during Aug and Sep.

    They adjudicated lot more 485s than 25 K last year. This massive adjudication was the reason behind threatened withdrawal of July 07 bulletin.





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  • ramus
    07-03 05:10 PM
    Thank you.. Also please take part in media coverage thread...and also ask other members to contribute.



    Contributed $100 for the lawsuit.
    Confirmation Number: 40W931175C853351T.



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  • Humhongekamyab
    03-09 02:13 PM
    lol..dont say 2019..my PD is almost same as yours and I aint hanging around till 2019..by that time I will be old and no idea what will I do with..GC..probaly hope for citizenship and apply for retirement benefits :confused::confused::confused:


    Edit: Never mind..yours is EB3..so may be mine will come in 2015

    If your kids were born in the US then maybe they will be able to file for you by then and that will be definitely faster than EB-3. :D





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  • msadiqali
    09-14 04:13 PM
    what is EVL?

    I also got an RFE asking for my employer letter. I moved to IL from CA.

    I got the letter from employer and submitted to USCIS... waiting for answer..



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  • logiclife
    12-20 07:24 PM
    I filed my 485 in July, got EAD, AP. My attorney applied for my 7'th year H1 extension in July as well and he recommends me to go for H1 stamping while my AOS is pending. He told me I can come back using my AP and extend my H1 next year if necessary but he still recommends I get stamping done. I have a situation described below. Does anyone here think I might run into issues with the US consulte in Chennai.

    I used to work a small consulting company before. I always had a Job, worked for big clients, found my projects myself. I had lot of issues with the company inspite of being on big projects all the time like my paycheck always arrived 3- 6 months late, my travel expenses got reimbursed after 3 - 6 months, company did not file for labor for an year and half where as I was told the process started and Labor has been filed. There was a time when I met with an accident and ended in the emergency room and found out that my medical insurance was not active which really stressed me out. I could not work for 6 weeks then. I have supporting evidence from the hospital to prove all this. I went back to the clients place after 6 weeks, started looking for a new Job while working on the project, quit my old company after 3 months and started a new Job. I transfered my H1, started my GC process all over. My old company did not pay me for the medical expenses, did not pay me for the 6 weeks and 3 months after and cancelled my H1 after I left them. I reported to DOL and DOL told me the company has agreed they did not pay me and my payments will be send out but they cant help you with the medical bills I had to pay. That was a 20,000$ hospital bill. To date I have not received any payments. I called DOL and they said the company is not in a great financial shape and they are trying to workout something like 2 weeks ago. DOL sent me an email that the case is still in progress and the consulate can contact them with any questions, I have experience letters from all my clients stating that I was working at their place all the time. Please advice

    You are mixing up a lot of things.

    Firstly, your medical bills and your health insurance has nothing to do with your 485. Your 485 is not going to get affected due to the fact that you were out of work for 6 weeks in a Hospital.

    The other issue is not being paid for work. You already have an open case with DOL. And I applaud you for not sitting quiet and taking the employer to DOL.

    If you were unpaid for some time, but if you have gone out of country and re-entered since that time, then there is nothing to worry because section 245(k) allows you to adjust status even if you were out of status for less than 180 days.

    Read my post above. Your 485 is safe because all this unpaid period and disputes happened prior to you filing 485 and all that is cleared out once you travel out of country and come back. Once you go out and come back, its a clean slate. Section 245(k) says that you may adjust status under EB1, EB2 or EB3 if you have not been (a) out of status (b) engaged in unauthorized employment or (c) broken other terms of stay for aggregrate period of 180 days or more.

    So, after coming back into US last time, if you have been out of status for less than 180 days, or engaged in unauthorized employment, then you are fine.

    If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.

    REGARDING RESTAMPING H1 OVERSEAS:

    I dont know why your lawyer is forcing you to restamp H1 even though you have AP. Its an extra expense, extra headache and precious time waste in getting H1 stamp. But most lawyers dont want everyone to be on EAD/AP and want to use H1 because if everyone has EAD/AP and no one is on H1 then its bad for business. (lawyer's business). I am just being blunt here and this is not a negative remark on lawyers. Everyone protects their interests, but we have to look after ours. If you plan to use EAD and abandon H1, then why should you spend time and money on getting H1 stamping abroad and staying on H1? The only benefit is to lawyers who get money for filing renewals and extensions of H1. No one pays the lawyers for renewing EAD and AP because renewing them is a lot easier than renewing and transferring H1.

    I personally avoid restamping H1 like one avoid plague. Stay away from it as long as possible, because I believe that walking into a restamping process is like putting your entire career in a craps table and rolling the dice. God knows what reasons they may find to reject H1/L1.

    Also, it takes about 4500 dollars for a family of 3 to go to vacation to India or China from USA just in airline tickets. If you are there for 20 days, then its $ 225 per day in travel expense on that vacation. Two days WASTED in H1 restamp, especially if you plan to use EAD upon return, is 2 days = 2 X $225 = $450 wasted on just time lost in useless activity during vacation. Add to it, the visa fees and other headaches. You can easily count $1000 for useless, needless restamping as the money wasted. Dont do it if you plan to abandon H1 and re-enter using AP and plan to use EAD soon.





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  • roseball
    07-09 03:55 PM
    Yes, you are right that we cannot sue anyone for working harder. I agree with that part too.

    I didnt say they broke the "law" by processing several thousands of cases. What they did is broke their own "regulations" by approving applications with incomplete security/back ground checks.....In the current environment the country is in, this could be a very serious issue. Well again they can argue that regulations can be moulded/twisted to their liking.....

    From Oct 2006 - June 2007 USCIS only used 80k of 140k immigrant numbers available and by the end of June, they consumed all of the 140k quota.....There were cases where 485s were approved on 2nd and 3rd of July.....They made a complete mockery of their own regulations is alloting visa numbers as they like....



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  • gc28262
    03-11 07:49 AM
    For me, I am like everyone else on the forum. I want my GC now :D
    The point I am making is we are all enthusiastic members willing to do whatever is needed to achieve our goals. However if our actions cause more hardship for us, I am against it.

    We need to pursue our interests at the right time. IV core has counsel to advise them regarding strategy and timing. We should make use of that resources for deciding the right timing.

    I believe whoever opposes immigration in this country are racists. This country being made up of immigrants, nobody has the moral right to oppose immigration. unfortunately we have a populist, immature president in the office. Anti-immigrants are taking advantage of that. Mr Change is interested in millions of prospective votes from illegal immigrants only. Despite being Harvard educated, he doesn't have any sympathy for us.





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  • sledge_hammer
    02-14 10:51 AM
    How is it relevent if I am a Jew, a Christian, a Muslim, a Hindu, or anybody else for that matter? Your question is so absurd, and has absolutely nothing to do with what a human being should feel towards the suffering/struggle of another human. The reason I asked you what you think is because you supported OP's idiotic comparison.

    I do not know what you have against conservative Christians or Jews, but you knowing my religion will not prove anything or make your statements any more sensible.

    In order to feel pain for a person, how closely do you have to be to that person? What is the definition and boundry? Do you need to be only a parent, child, or a sibling? Can you be just a blood relative? Do you have to speak the same language or come from the same state? Do you have to be of the same caste? Same religion? Same race?

    Do I HAVE to be a Jew to sympathize with them?

    As humans, there are certain standards associated to the pains people go through. The Jews or the Kashmiri Pandits or Muslims or Christians that are killed, gassed, persecuted, imprisoned have definitely been through more than what we legal immigrants are going through.

    You ougth to be such an egotistical and selfish person if you feel that your pain (not getting H-1B) is more than someone else's (being killed) because you're experiencing it! Even if you're simply "comparing"!

    So in your case, since you support OP's analogy (our suffering vs. Jews), you would rather be gassed like the Jews were than to wait in line for 10 years in the queue for your GC? Or if you feel that being gassed is equivalent to being denied your H-1B extension in a TARP company, be my guest; to have a first hand experience, go lock yourself in your car garage w/ the engine running and all the doors locked. Come back alive (which I highly doubt you will), and tell us that you felt the same pain in that car as you would have felt if your H-1B was denied, then we'll believe you.

    Get over yourself and stop writing nonsense!

    Are you a jew or are you asking this because you are a conservative Christan and you believe that jews are special because Christ was jew at the time of birth? Not that there is anything wrong with either, but I just wanted to know.

    "What I believe" - What difference does it make? Why do you ask? You see its a matter of perspective. Someone may feel extremely miserable going through the process and its possible that that person may chose to compare this experience with the real victims of ethnic cleansing. Just because there is no violence involved, it doesn't mean that things cannot be comparable. Mental agony and silent torture in even worst when compared with physical violence because one is dying every moment you live. You may argue that we are all dying every moment we live, then isn't life just a torture?

    Its not necessary that others MUST believe or experience their life the way you or I do. Everybody lives through a different experience. You may not agree with their version or their perspective, but it is not reasonable to force someone to draw comparison based on what you believe. And this is what I believe.

    .



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  • GCBy3000
    01-18 03:06 PM
    I dont understand where they will deport you if you do not have any immigration documents? By default to mexico?... :) This office does not know anything...

    Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.

    On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.

    On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.

    One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).

    I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.

    Sir, are you a US citizen?

    I said, No

    Then, he asked me, can I see your immigration documents.

    I have shown my passport to the police officer.

    He looked at H1-B visa and I-94 and asked me; who do you work for?

    I said my employer�s name.

    Later, he gave me my passport back.

    Now,

    I have asked the Police Officer few questions

    1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?

    Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.

    2. What would you have done to me, if I had failed to present my passport?

    Police office said, I could have DEPORTED you.

    3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?

    Police office said, No. Technically, you must carry original documents at all times.

    I would advice you to carry Passport at all times.

    I did not know this until Police Officer told me about this LAW.

    P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.





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  • Macaca
    01-28 12:06 PM
    In the new year, I have not seen any posts expalining how IV is "working" on resolving our issues. All that is posted now is requests for money. I know more money is needed and would be glad to contribute, if only the senior members show that some serious efforts are being made in the background. Yes IV did do very good work last year, but that is history now; but what work is going on now, nobody knows. Don't need details, but even broad details will help. Is something being done for appropriation bills, no one knows or tells.

    For example, after the elections no attempts virtually no attempts have been done to do webfax campaign tragetted towards pro-immigration inclined politicians. No lists have been made of such politicians. Just by waking up few days before the bills are discussed is not going to help.


    Once again, like many other posts that pop up at the rate of 1/day, very reasonable remarks. For a change they are civil. I have thought about all of them.

    The only difference is that I have some more time these days to think of the big picture. I concluded that the absence of these issues (and numerous others) is really not effecting any progress, and I can ignore these issues and contribute to progress.

    As a concrete example, I have thought of webfaxes/lobbying. Based on my analysis (which is completely independent of IV) of the current state of our bill, nothing significant is happening about it right now and it not posible to gauge the future. Thus, it is not an effective point for webfaxes/lobbying. With this conclusion, there is nothing to say.

    Everyone is entitled to his/her opinion as long as we move ahead.



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  • senthil1
    12-26 07:21 PM
    If old employer revokes I140 then the result will be unpredictable. But it is upto INS to decide. Only those who had similar experience can tell clearly about this. Or a Lawyer can give better idea

    Thanks for the reply, if old employer revokes I-140 while the other employer is still working on LC+I-140, Will this creates any problem for me?

    -Thanks,





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  • 10dulkar
    03-16 01:07 PM
    dont "warn" me..........you think i give a damn about your "warning"??

    the right to speak is MINE. all YOU can do from your high horse is ban me from the forum.

    i really dont care, i still think interfilers and substituters should get what they derserve. every single bit of it. may they really, truly, go to hell, and stay there indefinitely.

    and NO, dont preach to me about trying to "fix" the system. the agenda here is mostly EB3, and mostly Indian, at best. the multitudes of diploma holders get pissed when i call them out for what they are...........why are THEY so sensitive and ashamed???

    i have a RIGHT to be in the proper EB queue, which i EARNED, and did not employ cheap desi-employer tricks and other games to get into........if that does not answer your doubts my friend, then as i said earlier, ban me..........i dont really care either way.

    i dont advertise what i have done or can do for IV. somehow, that is a little demeaning. sort of like going to a temple and offering some money and then coming out and proclaiming to one and all how generous a give you are....

    or his posts.... they are just inflaming you to reply.... please don't......



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  • mrane1
    03-15 06:30 PM
    C'mon guys, what the hell have you been doing for so long?

    I mean look at the archived Visa Bulletins, you observe the following:

    1. EB2 was current for India ALL THROUGH 2003
    2. EB2 was current for India ALL THROUGH 2004
    3. EB2 was current for India till August 2005
    4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007

    5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months

    What more do you wish for?
    I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.

    This is pathetic. What the hell have you been waiting for?

    Dude, No one has been waiting on purpose! Do you even have a clue what was going on in 2002/03/04/05... Even though numbers were current the Labor process used to take 3-4 years! If your labor is not clear then having 485 current is not going to do much... The perm process was started in 2005!Just consider yourself lucky that atleast you have an organization like IV working for you and they was instrumental in gettin atleast EAD for you and your spouse!!





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  • BharatPremi
    03-17 12:56 PM
    As far as I know there are atleast 5-6K applicants waiting with PDs before Dec-2003. Considering 3 visas used for each applicant. There'll be a requirement of atleast 15-20K Green Card numbers for Indian EB3 to clear people up to Dec'2003. While EB3 gets a maximum of 3K/Year. My guess is it'll take 5-6 Years to get the EB3 to Dec'2003.

    Including spillover generally EB3-I clears up around 5000 visas per year on average ( Though theoratically stuck at 3300-3500). 3 visas per applicant is at bit high end. I would not assume everybody is married AND have child.. I would put that around 1.75. But, yes, even if select these new parameters than also it would take years..Theoratically, ofcourse:):)





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  • mahujam
    10-15 05:09 PM
    So if I need a copy of my LCA/I-140, and I file a FOIA request, does that go in a different queue ?





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    WillIWin?
    07-23 02:37 PM
    Is there anyone like my case - concurrently submitting 140 and 485 who submitted WITHOUT current employment letter ?



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