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  • sirinme
    03-16 02:21 PM
    I got this letter from USCIS last week, but wasn't aware of this action item. I hope it's not too late.




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  • kondur_007
    05-12 08:14 PM
    CIS have been targeting reducing processing times for applications including I-485 (for I-485 they want it to be <180 days). Which they are doing, based on their definition of pending (non retrogressed approvable application). They can easily achieve this, give retrogressed countries/categories bare minimum and they process all other applications as quickly as possible. Which explains all of the following..

    EB3 made unavailable (they have used all the visa numbers)
    EB2-India move way back (they have used all the visa numbers)
    EB1 and EB2 quick approvals (for all current categories) average down to 200 days


    There were around 3000 visas for EB2-1 and EB3-I , considering 1.2 dependent this means GC for no more than 1400 families in each category. The math is simple getting that many applications processed in first 6-8 months was not difficult.

    To add to the woes we have following, which add to the problem, but are not the primary problem.

    Labor substitution
    EB3-EB2 jumps
    Very old name-check cases


    Primary problem is 7% country cap, they way things are if CIS gets enough cases in EB1 and EB2 (none retrogressed categories), then they will be reluctant to issue GC to EB2-I and EB3-I above the minimum (7% quota), since that do not count in their definition of pending cases.

    Right on point. To your list, you can add EB1-C cases.
    At this time there is no way to predict the actual numbers of these...only next three visa bulletins will tell us the actual impact.
    My guess (it is only a GUESS...can't be a prediction as there are no numbers to crunch...) is EB2 I will move forward to at least 2005 or 2006 (may be more) till the end of this fiscal year.
    In any case, EB3 I is going to be very tough to be in...unless CIR has something nicer to offer to those waiting in that category...




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  • willigetagc
    08-19 09:27 AM
    Folks,

    I am a July filer, I called USCIS last week and they stated that they need a new set of biometrics. I had initially given my biometrics after I filed my AOS last year in July 2007. According to what I have read USCIS should be able to retrieve my biometrics from their Biometric storage system. Should I call USCIS and argue with them which may be futile. Or should I just bite the bullet and await the new biometric appointment. I would appreciate any input.

    PD: 10/2002
    I-140 - Approved Jan 2007
    Category - EB3, ROW

    relax until the new biometrics notice comes. Chances are it never will. The CSR you spoke to probably did'nt read/know the new rules.




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  • travellertvr
    03-22 03:15 PM
    smuggymba,

    Old I-94 expiration date was January 3, 2010, and new I-94 started from October 18, 2010.



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  • snram4
    01-25 03:09 PM
    Even CIR comes most pro immigrants groups will oppose. CIR will not have Guest workers program for low skilled workers because of high unemployment. So Business and pro illegal group will oppose. EB reform will be there in the CIR. But that will come with Grassley's restrictive bill on H1b. So, for that most high skilled group including IV will oppose. So CIR will be opposed by everyone. Status quo will continue till some compromise is reached.

    When it is piecemeal people say we want comprehensive reform.
    When it is comprehensive reform they say it is too broad to pass .
    When it is summer they say Immigration Bill be introduced as early as Winter .
    When it is winter they say it immigration bill will be introduced as early as summer .
    When it is between spring(between winter and summer) they say now there is not adequate support for the bill.

    This is a clear motive of hanging immigration reform like a bone in front of the dog and making him run around it and pay taxes .




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  • gc_coming
    07-18 07:04 PM
    This is what my lawyer says : "When the I-140 is already approved, there is no need to submit such letter.
    Only in the rare event that you have an interview at the time of
    adjudication of your I-485, then you must bring a recently dated letter
    stating such only for the purpose to reaffirm what they have already
    approved on the I-140. Interviews for Employment based cases are issued
    randomly. There is no reason to worry about this." Is it correct ?



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  • sravani
    05-22 04:57 PM
    New filings will not effect to move the dates either you file on 1st or 30th. The Visa(GC) numbers will be deducted only after the approval of I-485. Any of these new filings will not be touched(Approved) for 4-5 months. USCIS has to consume the balance visas(GCs) before October 1st 2007.

    If The Number of Visas > The number of Approved + To be approved(Mostly filed at least 4-5 months before) in the coming months.....then you can expect further movement from the State Department..

    Ask(Pray) the USCIS(God) not to approve any 485's till June 15th....

    So...there will not be any change in the movement of dates even all of them file on the day 1....Keep watching the approvals till June 10th atleast...

    Sree

    What you said might be correct, but following the USCIS pattern these days we really can't predict anything. I am still surprised how they freezed these dates for so many months and suddenly opened up these flood gates. Not sure what rules they are following.

    They also banned the labor substitution premium processing over night without any notice. :rolleyes:

    Now with this new bill drama we can't predict anything.




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  • smisachu
    12-24 11:50 AM
    Same situation here. I know about renewing H1 with same company is OK but as you have asked with a different company is a big ?. Hope some one answers.....I have appointment in Kolkota but not sure if I should cancel the appointment or go...


    Hi,
    I have a question:
    - H1-B's I-797 is valid, but visa stamping has expired.
    - I use AP document to re-enter.
    - I do not use EAD at all
    After using AP, can I move to a different company by petitioning for H1-B?

    The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?

    -----------------
    Detailed scenario
    -----------------
    My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.

    My questions are:
    1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?

    2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful

    I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.


    Thanks



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  • nik.patelc
    10-23 06:36 PM
    I m on h1b and my I485 application is pending. Also i have recieved EAD valid till Sept 2010. I m on H1 Visa status with current company. if i get laid off, how do i move my status from H1 to EAD after layoff?

    I m planning to take 2 or 3 months break if i get layoff and then plan to find another job on EAD. Is there any problem to assume ,my status will be automatically change to EAD if i get layoff while on h1.




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  • seeking_GC
    08-10 02:30 AM
    update on my case after I posted...

    I called up my previous HR contact from my old company ( I have moved employers using AC21 after getting my EAD ) and she said that the old company was revoking older I140s as their newer ones were getting rejected due to the fact that there were too many I140s already filed by the company.She wasnt sure if my I140 was also revoked.

    I spoke to my lawyer and she mentioned that there should be no impact on my case since I moved after my 140 was approved and my 485 was pending for more than 6 months as per AC21 rules.

    I also called up USCIS customer service and the lady mentioned that my 485 is pre-adjudicated.

    ...Now I am not sure if the I140 revocation by my previous company would have any impact on the preadjudicated status of my 485 app. I plan to take a infopass appointment and see if that helps. Will provide updates after my infopass appointment...



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  • gcdreamer05
    07-03 02:01 PM
    Please dont take risk travelling while the h1b petition is pending.

    I would advice not to travel during this case.




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  • prolegalimmi
    03-01 01:51 PM
    All you have to do is scroll down the home page.

    Let me know if you still have difficulties.

    Another improvement if I may:

    Wondering if the website administrator has the ability to send a mass email to all its members. This is to inform and urge all its members to send web faxes and be more involved in planned activities.

    Also, I sent a webfax to all three required personnel, but was hesitant to act since I was under the impression that I have to type the matter, choose the letter format, find the fax number for the official, etc. But later found our thats its as easy as clicking your mouse thrice.
    We could have a section that tells people and members just how easy it is to send a web fax, and not having to search for the officials' fax numbers and not having to compose the letter, and such.

    Lastly, launching a concerted and a planned membership drive and to reach all immigrant communites. For the fund raisers, and for memberships, we are still relying on a word of mouth which is not as efficient. IV could post some ads in those media that are immigrant friendly and has good reach.

    It could also start assessing a fee for membership, and also try to reach corporate sponsors like those businesses that are immigrant owned and run. When these businesses contribute, IV can advertise them on its website as contributors, so they (the sponsors) get the business of immigrant friendly customers.



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  • kenpat
    03-09 07:57 PM
    Guys I hear you all. If you want to do something about it go to the thread 'US Housing Crisis and Employment based Green Card issues'
    My original post there was
    I think we should do something contrary to what everyone else is suggesting. I have been reading a lot of posts on here iv and other sites where there is talk of us shelling x amount of dollars or buying a house as a solution to help the economy which is a good thing. However on the same posts I also see contrarian views saying the economy is in bad shape and they will never want to add more immigrants its a political thing. Some of them suggested that since we have all our savings in this country with the banks and the institutions they are not going to get an added benefit other than buying up of the houses and inventory which no one wants I guess. My contrarian view is this:
    We sign a proposal and send it to the congress to act on eb cases or whatever we want them to and if they dont then the immigration community should start sending back dollars to their home country. We need massive campaign and support. Think about this estimates are about 800k are waiting in labor, eb or 485 stage if we send $1000 every week from the banks institutions in the US to our own country banks it will deplete the banks reserves by 800 mln every week. How long do you think they will want this to continue in the face of a falling economy and banks with limited funds.
    Another thought that comes to mind is everyone takes a day off every month on one day.
    Gandhiji taught us something non cooperation and maybe thats the way forward.
    Thoughts opinions are welcome�

    Here are my latest comments there:

    I dont know if you guys watch cnbc but there was a debate today on whether foreign workers should be allowed and one of the Guests Vivek Wadhwa a Professor at the Duke Univ in North carolina said if we let them go back can you imagine the money from Citi and Bank of america going with them and there will be a run on those banks, exactly what I have been saying they cannot afford a run on the banks. All we NEED is collective action otherwise we are all DOOMED at different times even if your 485 is pending they are finding ways to block your GC process if that is not yet evident. Join the gang or Good luck!!!




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  • pappu
    07-01 08:21 PM
    Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.

    Can he do so? - Theoratically yes, practically: highly unlikely.
    if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
    - a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
    -many consulting companies do not pay salary while the guy is on "bench"
    - they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences

    - a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?

    In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.

    bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.

    Good luck buddy!

    We do see such threads on the forum occasionally. There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.

    I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.

    IV can help only if people are willing to be helped and ready to take action.

    If this system needs to be cleansed, then why aren't we doing it?



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  • walking_dude
    10-25 01:57 PM
    Guys, I couldn't reply to you all earlier , here, as I was busy with my job and personal chores.

    Let's settle for Yahoo now, as it has powerful features such as Polls and Database that aren't available in Google. Also the Google group created by me has gone into 'La-La land' ( google bugs!)

    Here's our new Secure and Trusted Yahoo group

    http://groups.yahoo.com/group/ivmi

    Here's the latest

    1) We are getting our group registered as Official on IV (details sent to IV)

    2) News from IV on Legislative updates issues will be posted on the group this weekend (10/20 attendees, be sure to join by then)

    3) Some 10/20 Attendees to the meet have been added directly to the group. Others have been sent invites ( Yahoo restricts direct add to 10 per day). Please join ASAP. Let me know if there are any issues [ PM/'Private Message' or E-mail me]. I'll help you get joined.

    4) Others, please provide the following details while requesting to join the group.

    A) FULL NAME
    B) IV handle (N/A for non-members)
    C) Telephone [ we'll call you. No request to join will be accepted without Telephone number]
    D) City and Zip Code + 4


    We will call you to verify and then your request will be accepted. We regret the inability to accomodate anonymous requesters, as we wish to keep our group Secure and Trusted for the purpose of dissemination of sensitive IV information. Your co-operation to make this happen is greatly appreciated.




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  • vladdrac
    06-11 09:11 AM
    I like what is going on with what you are doing. The one thing that doesn't look good is that you have shadows going in different directions (i.e. chess pieces, clock, text). The board does not have a shadow at all. I think if you had added a shadow from the board it would look way more realistic.

    other than that, pretty good



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  • immigrationvoice1
    03-20 12:26 PM
    Thanks walking_dude in explaining it so well. So, there will be major changes other than the Prez elections this year and next. Lets remain hopeful...:)

    There are 35 Senate seats up for election in November along with the post of President. That is 35% of 100 seat Senate. It will be a different Senate as Dems are projected to win many of these seats and Repubs are projected to lose them. As things stand, now GOP [Republicans] are strategizing how to prevent Democrats from getting filibuster-proof 60 seat majority in the Senate. Even if they (dems) don't get 60 seats [ lets say they are 2-3 seats short] they can easily provide incentives for 2-3 Republican Senators to cross-over and vote with them [ much easier than getting 9-10 like now!]. That way, it will be a different Senate.


    http://www.electoral-vote.com/evp2008/Senate/senate_races.html

    And the whole of House of Representatives [ which has 2 years term] is up for election too [ last election was in 2006]. It's true that all media attention is focussed on Presidential election. But there are also going to be major changes in the House as well as the Senate.

    I agree with you on one point. Definitely Lobbying will be needed to be done after the elections. Its the only way to attach IVs provisions to some other bill and getting it passed. There's no other way to get them passed.




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  • GCEB2
    09-20 11:06 PM
    Thanks for the info. how about areas like simivalley, santa clarita, do you get houses for 300 to 350 and

    And also around bay area- san roman, liver moore are they good neighbourhood. Also which has more jobs in datawarehousing is it LA or bayarea.




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  • Better_Days
    11-02 05:26 PM
    bump. Any insight from those who are smarter than me ?




    gc28262
    04-01 10:54 PM
    Regarding your H1B status, please read the following newsletter from murthy.com
    Effect of Travel While in H1B / L-1 Status and Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
    Traveling on AP doesn't necessarily switch you out of H1B. If you are working for the same employer after entering on AP, you can still extend your H1 and continue to be on H1 status.

    Based on my limited understanding, your lawyer is wrong when he says "3 year degree issue is mostly with PERM applications and not with others". 3 year degree issue comes up during I-140 stage. Nowadays USCIS has a strict requirement that the degree should be a "single source" 4 year degree for EB2 applications.

    As for the successful outcome of trying to downgrade your application to EB3, your labor certification should be flexible enough to allow your application to be downgraded to EB3.

    IMO it is better to get a second opinion/consultation with a reputed lawyer. If I were you I wouldn't trust your current lawyer.




    nixstor
    08-30 01:19 PM
    You are doing a pledge right now. So go ahead and pledge what you have and try to bump them to 25K. Some short flights need only 15K miles. For example United charges 15K miles for trips between IAD and ORD often.

    Here is a link on how you can add 5k more miles if you would like to.

    http://www.continental.com/web/en-US/content/onepass/earn/default.aspx



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