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  • Macaca
    09-20 08:47 AM
    Look, legal immigration is not just restricted to employment based immigration, it includes family based immigration.

    In addition to family based immigration, legal immigration includes asylum, refugees (with a special category for Iraqi refugees) and may be more!





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  • grinch
    02-15 09:15 PM
    haha dont give up man!

    but nice case!





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  • saveimmigration
    01-16 09:29 PM
    GC process is like a monkey on the shoulder. You only realize when he gets off, that how much burden you were carrying all along.





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  • Legal
    07-04 07:58 PM
    EXCELLENT ANALYSIS. STILL THERE ARE PROBLEMS.

    The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July.

    1. ARE YOU SURE THIS NUMBER IS ACCURATE? 700K? SEEMS TO BE EXAGGERATED.


    When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The �documentarily qualified 485 applications� mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card.

    2.IF THESE 40K WERE OTHERWISE QULAIFIED WHY WERE THEY SITTING ON THEM UNTIL MID-JUNE ....TO START WITH? IF THEY WERE SO EAGER TO FOLLOW THE OMBUDSMAN'S GUIDELINES WHY WERE THEY SO SLOW IN USING UP THE VISA NUMBERS UNTIL MID JUNE?

    However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made �current� for all EB categories. This is how they determine �current� or �over-subscribed� and how they establish cutoff dates.

    3.MORE PRECISE DESCRIPTION WOULD BE THEY WERE COMPLETELY RECKLESS..GIVE A S+I& ABOUT HOW MUCH THEIR ACTIONS AFFECT THE CUSTOMERS.


    For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bullet. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.

    4.OK..... WHICH PART OF THIS AFFECTED THE STAFF AT USCIS... THE FACT THAT MANY OF US WILL ONLY HAVE EAD FOR 10 YRS OR THE FACT THAT MORE EAD RENEWALS MEANS MORE CUMBERSOME WORK FOR THEM? I'M AFRAID IT IS THE LATER.

    Now, they used all 140K visas this year.

    5.AREN'T THEY REQUIRED BY LAW TO SPREAD THE NUMBERS FOR EACH QUARTER? DON'T THEY HAVE LIMITATIONS ON HOW MUCH THEY CAN USE FOR EACH MONTH ETC?

    The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.

    6.I AGREE. THIS COULD BE THE ONLY >POTENTIAL <SILVER LINING. HOWEVER, OPPONENTS WHO FOUGHT THE PREVIOUS LEGISLATIONS IN FAVOR OF US WON'T LET IT HAPPEN THAT EASILY.

    THERE IS NO OTHER CHOICE OTHER THAN TRYING..



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  • nixstor
    03-18 06:53 PM
    Now for the rest of this year the EB2 queues for China and India are merged. Visa allocations will be solely based on Priority date. So for example if India has many priority dates that are before China's, India may end up getting more visa allocations. The same holds true if China has earlier priority dates than India does. That's how I inderstood it and I thought I would try to explain it to some who did not. Otherwise sorry for stating the obvious.

    Read the Sec 202 a 5 I posted in 1st page and corresponding links. It clearly says that the left over visa numbers under each category in every Q can be assigned with out country limits. Is there any one who is reading it other wise (or) Is there any text in the bill I am possibly missing?





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  • onemorecame
    09-21 03:58 PM
    I hope approval and not denial or other RFE. My RFE is posted on 1st page of this thread and it took lot of documents. so hopefully we will hear good news...


    How many days it took you to receive physical RFE after Online status update?

    Thanks



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  • nixstor
    07-05 02:17 PM
    Oh, you are just mean now!:p

    I think there should be a big a** button on the top of this screen that says "donations for immigration causes" or whatever and those who feel they can afford to do it will do it, otherwise making paid membership a requirement will severely cut down on the number of people coming on here. Makes no difference to me, there is tons of forums like this online. This is my favorite so far though.

    What difference does the membership of people make if they do not understand the agenda/motive of the organization? May be you are being mean in not understanding the agenda and needs of your favorite organization.





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  • reddymjm
    06-03 05:01 PM
    dont do it ..on L1A under NIW he/she can get a GC without labour. Just file I140 and then 485 NIW ..that would be really stupid to move L1A to H1B
    Then wait for 180 days to take advantage of AC21.



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  • svn
    03-31 02:19 PM
    This is very useful information. Given the data quoted, my question is: Why is the EB3 allocation for EB3 India only 2306? If the per country quota is set at 7% of 140K EB Visas and this is to be divided uniformly across all three employment categories, shouldn't EB3 India approvals have come to 9800/3 i.e roughly 3266? Actually, the same would apply for EB3 China as well!

    Is this real discrimination against EB3 India/China...or am I just imagining it?Given my 8 year unending wait, I am sure I could just be hallucinating as well :-)


    http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf

    Country EB1 EB2 EB3
    India 6672 10124 2306
    China 4999 3046 1027
    S Korea 2311 4991 4001
    Philippines 524 1853 5540
    Mexico 2010 922 3745

    All visa numbers allocated to South Korea are against EB visa numbers.


    _________________
    Not a legal advice.





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  • logiclife
    01-30 01:20 PM
    One more thing about desi companies.

    When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.

    Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.

    However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.

    Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".

    Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
    -------------------------------------------
    PS
    I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.



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  • prioritydate
    12-20 08:42 PM
    Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.

    Well, I moved a lot since 2001 and I don't know if the IO sent any documents to my previous address. Yes, I have unexpired H1B visa till Oct 2002(I-94 valid until Oct, 2002). In Apr, 2005, I went to Canada for stamping of my new H1B. I again made an appointment in Jan, 2008.





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  • skd
    09-18 12:18 PM
    Those smart people are not in charge. The people in charge were saying everything is fine and go do shopping
    No body saw this coming, then how can you trust those people again that things will be fine in 2 years or so.

    As I said No body saw this coming , So we don't know if we have seen the bottom yet or not.



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  • ashwin_27
    02-08 05:32 PM
    I have lived in VA before and know how much of a mess it can be to commute between VA and DC.

    However, for this specific event, would local members or those who have had experience attending advocacy days last year recommend to solely use public transport to get to the DC/Cap Hill area or would renting a car be of any help. I was thinking of just renting a car to just get from airport to place of stay and then use public transport on Mon/Tue to get to DC.
    LOOK FORWARD TO SUGGESTIONS as I need to plan my travel.





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  • battineni
    07-13 11:05 AM
    Thanks for the information. I believe I have to wait for another month to get any updates from the Sep visa bulletin or wait till same time next year since my PD is Mar-06.

    Congrats to all to have received it and good luck to those who have become current !
    TooClose,

    Don't worry you will get it soon....!!

    I'm waiting for these dates from long longgggggg time....:-((



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  • Jaime
    09-14 01:06 PM
    We mean EVERYONE!!! DC is not far!!! Let's all go!!!

    What will it take to change your mind????

    If you are within 4-5 hour drive of Washington you shouldn't even be debating whether to go or not. The decision is: YES!!!!!





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  • nandakumar
    07-12 06:14 PM
    Like wise :rolleyes:

    All right I am current again..exactly after 2 years

    So I am having the butterflies in my tummy with nostalgia of my nail biting thriller during 2008 July-Sep bulletin, where I got royally screwed.

    mwuahhhaaaa...c'mon..come to papa now :D:D

    tick..tock..tick..tock :rolleyes:



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  • mallu
    02-16 03:00 PM
    2006 census


    Total population of India,china, mexico and Philipines = about 40 % of world population

    India - 17% of world Population
    China- 20% of world population
    Mexico- 1.7
    Phillipines-1.3 %
    ------------
    Ttl 40 % of world population.

    so theres a reason behind this quota. Its not divide and rule.

    Excluding US (4.3) , ICMP Still comprise of 35.7 % of world total

    What is the % of chinese, Indians in USA ?





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  • suriajay12
    02-19 06:56 AM
    How exactly are illegals going to prove that they have been here for more than 5 years?

    I think this is a good one. It supports legal immigrants.
    I dont agreee with this dvb guy. 5 years legally is lots of time. And I now know people who are 10-15 years here. He will want to say the same tthing even in that case. Instead learn to rationalize and make sure if one thinks one is eligivle, then see how one can get included.crab behavior, the one at bottom pulls down the one thats climbing up. Finally both end at dinner table.





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  • abd
    09-17 11:20 AM
    Anyone received RFE letter? I've not received it yet.

    In my case only attorney received in 5 days of RFE. I never got copy.





    sanatshah
    08-10 02:52 PM
    Count me in.





    spsrini
    11-18 07:22 AM
    My receipt number is NRC2008065342



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