Saturday, June 18, 2011

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  • vgayalu
    10-07 02:41 PM
    Mine and spouse I 485 are approved on 5th Oct 2010 after RFE and answering it.

    But Kids one is not approved showing online status as initial review.
    I called USCIS and came to know that I can not create second SR until I complete 30 days after answering first SR.
    But I did not get answer for first SR. They are saying There is RFE on principal candidate application.

    But that one is cleared and approved.

    I escalated the issue to second level and then they are mentioning my kids one is also approved on last Monday. But still the online status is showing as initial review.

    Is it or same kind of thing happened to any one else?
    Please guide your experience.





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  • santa123
    01-26 12:45 AM
    Pls participate & write to CIS on your hardships

    http://immigrationvoice.org/forum/showthread.php?p=312718#post312718





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  • paulavijit
    03-17 09:03 AM
    Guy you are forgetting the 7% per country quota for issuing GC. Applicants from a particular country can only get 7% of the total GC available in a year.

    Total employment based quota per year is 140,000 and 7% of it is 9800. So at the most only 9800 Indians can get GC per year. This count also includes the dependents.

    So even if your PD is current and you have filed your I-485 but there may be more than 9800 Indians with the same status and hence only the first 9800 will get GC that year.

    There are more than 100,000 primary Indian applicants who have filed their I-485 and assuming a average Indian family size of 3, there are 300,000 who are waiting for GC. Only 9800 can get in a year. So if the law does not change this backlog will finish in more than 30 years.





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  • insbaby
    05-07 11:10 AM
    If you have paid and do not have access then send us an email to info at immigrationvoice.org with your payment details, name, email used to contribute and IV ID.

    We have added everyone that contributed. Sometimes there is a delay of a couple of days.

    I saw couple of them last week, now I searching, searching and searching, not able to see donor forums on updates except one that says "start of the donor forums".

    Is there a link that shows all donor forums...



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  • Canadian_Dream
    11-17 12:44 PM
    That's probably the path most people with (EB3 2003 onwards/EB2 2004 onwards) will take from now on. The only hurdle is there is no clarity about the law regarding H1B extensions granted on an approved I-140. Most people have run out of H1B and will have to change jobs on the extensions. I hope USCIS issues a clear guidance on this issue. Also you might not have to let go of the priority date if your company is kind enough.





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  • abc
    12-13 03:36 PM
    I am planning to forget GC and move on with new company.

    For new company to file EB2 based on BS + 6 years experience. What kind of experience letter we will need from old company.

    AS you know desi companies dont give experience letters, how do people manage to show old experiences and file for EB2 in new company ?



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  • ajay
    03-23 10:58 PM
    Labor Filed Sept 2004
    Labor Got Dec 2005
    I140 Premium Processing Feb 2006
    I485 Aug 17 2007
    Eid Filed Dec 2007 and Got it in Feb 2008





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  • axp817
    01-30 01:51 PM
    Unfortunately I don't have answers to any of your questions. Since you have a competent and friendly attorney, you might want to ask them about self employment.

    If you port to self employment using AC-21, maybe you could send that as documentation to the USCIS. Also, in such a case, how does one show that one is getting paid? There is no payroll for the self employed, as far as I understand, so do you have to show some other form of income? like revenue generated by your company or something like that?



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  • desi3933
    03-11 11:02 AM
    The problem with this guy is he has got his GC and now he doesn't want anybody to have it. Basically he enjoys when people are having of pain. That's the reason he doesn't want any progress in PD's. Dude, if you don't like if people are talking about positve things such as "PD becomes Current" then my humble request to you is just stay-out of any converstations.


    See here this guy is also saying the same thing what my lawyer has predicted.
    http://immigration-information.com/forums/showthread.php?p=28881#post28881

    Hey Joker -

    I joined IV 5 years after getting my GC. Please look at my 900+ posts and pull out one (just one) that justify your stupid thoughts.

    If that's make you happy - PD will be current next month. Now start dreaming again.

    -- desi3933





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  • no538
    06-06 04:37 PM
    Thanks for the info amitpan007.
    That must have been a big surprise for you to see the Approval then?

    I was under the impression that you'll start seeing continuous LUD's on your application before the approval.

    Everyday I check my app and be disappointed that there is no LUD and wait for tomorrow.



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  • qesehmk
    02-12 02:31 PM
    We still have 7 months left for FY2010, so only assertion that there will be EB visa unused is only a "theory" at best.



    I agree. He has not backed his claim on that thread as well. Someone has posted a question in that thread regarding source of the spillover. The author of the blog responded with legal statute that explains how unused numbers of FB & EB from previous years are used for next year. But no link to justify 13,000 number.


    A fact in itself is nothing. It is valuable only for the idea attached to it, or for the proof which it furnishes. - Claude Bernard

    I know you lawyers can, with ease, twist words and meanings as you please. - John Gay


    _________________
    Not a legal advice.

    I am the one who asked him that question. And you can see he doesn't have any proof.





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  • Libra
    09-10 12:09 PM
    no, not those people, but my guess many people who are working for desi companies like me defenitely feel this way.
    SO LET'S GO TO DC.

    Are you saying that whoever is happy in their job without a GC is in a closet or jail?



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  • GCOP
    07-11 01:07 PM
    Thanks for your post. Is there any chance for any or Significant movement like this in EB-3. Now it's about time for EB-3 to move ahead. We have been trying for Bills every year, without any luck. Why is it so difficult for any movement in EB-3, which is stuck in 2001 and not moving ahead. It is really frustrating. EB-3 I is really suffering the most. Is there any solution for that ?

    ____________________
    Phone calls to CHC Members
    Written Letters to President & IV
    Attended DC Rally
    Contributed to IV
    PD: October 2003, EB-3



    source: www.immigration-law.com

    07/11/2008: Indian EB-2 Visa Number in Visa Bulletin August 2008 and Anticipated Expedited Adjudication of Their I-485 Applications to Prevent EB 2008 Visa Number Waste

    The movement of the EB-2 visa numbers for Indians is indeed a very good news in that it sounds that the USCIS intends to take out the visa numbers for them before the end of September 2008 as best as they can and attempt to adjudicate the applications before the new fiscal year starts on October 1, 2008. Obviously, there must be a large number of EB-2 cases which were filed during the July 2007 Visa Bulletin fiasco whose priority date is June 1, 2006 or earlier date. It appears that the USCIS has been working hard to get these cases ready for adjudication while their visa numbers are availalbe so that the agency prevents the visa number for FY 2008 from being wasted. Please stay tuned to this web site for this remarkable turn of the events.





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  • greyhair
    02-08 06:01 PM
    Frankly I think that this lawyer is just posting provocative material to make himself popular. He has made many predictions and number of "useful" analysis in the past, most of which were found to be untrue. I used to read his posts until recently I figured out that the analysis was unreliable. This is just my opinion.



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  • abhijitp
    07-28 02:02 AM
    Copying from the reply I posted here:
    http://immigrationvoice.org/forum/showthread.php?p=133404#post133404

    I consulted a high profile ($200 per 15 minutes) lawyer to discuss this issue. 1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
    2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.

    Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got today.

    Thanks





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  • ArunAntonio
    04-20 04:04 PM
    I would like to volunteer.

    ------------------------------------------------
    URGENT
    ------------------------------------------------

    We need 4-5 volunteers to make phone calls to IV members in CA. The purpose of the call is to inform and invite IV members in CA about this event so that we all could be well represented at this event. Please post a message or send a private message if you would like to voluneer for this effort. We will provide you with all the information required to make the phone calls to IV members. This task involves volunteering 30-45 minutes of your time. Please help this cause to help us all.

    Thanks,



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  • grinch
    03-11 03:21 PM
    pretty cool grinch....gotta work on your lighting a bit...:beam:.

    ahh man i know...
    Maya lighting is so hard to get right, I need to learn mental ray though...
    I only know the basics...

    Anyone know any good tutorials on "light linking"





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  • delax
    07-13 11:39 AM
    I am not saying my lawyer is any better, all these lawyers are nothing but blood suckers just like the employers. I'm just disgusted that people can stoop so low. The objective might be the same, but the intentions are far from it. I hope you understand that my friend and stop being a PR rep for murthy or any lawyer. :)


    You have the option to leave the country if you think all employers and lawyers are blood suckers - I cannot comment on anybodys intention - I dont think you and me know the complete facts to pass a value judgement and that includes your comment about me being a PR for murthy or any lawyer. I enjoy a healthy debate on issues not on people and you seem to completely miss that from my postings.:)





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  • srikondoji
    07-04 08:58 PM
    Rambha:
    First hats off to you to source information and then put it on this forum.

    However, how will this mistake be rectified?
    What happens to us who have spend so much money on preparations?
    Among these 700K or so applicants, iam not sure how many have to leave the country because of various reasons before there PDs become current again in near future.
    In that case, who should reimburse the costs? If this was a case of poor customer service, then they should also follow this age old saying in business community "Customer is always right" and promptly refund the expenses incurred.

    I am for requesting the congress for a special vehicle for july filers. There should be a way out for all the affected applicants no matter what their PD was.

    In matter of 2 weeks, the billion dollar mistake have costed us dearly in lot many other ways.





    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.





    alisa
    01-20 02:15 AM
    Man....
    You guys (from India) are in a really really terrible situation.

    First column shows the year. Second one estimates applicants for GC from India. Third (Years to Clear) one divides backlog by 10000 to estimate the number of years needed too clear that backlog, assuming 10000 visa numbers released per year. Fourth (Year cleared) adds that number to the Year column to give the year you can get your GC. Finally, assuming that AC21 added a year's worth of supply of visa numbers, a year is taken out from the final estimate.

    Also dependents are not included in the calculations. Send them back.

    Here is how I estimated backlogs. Backlogs for 2001 and 2002 are taken from jungalee43 posting.
    http://immigrationvoice.org/forum/showthread.php?p=1265#post1265

    For years 2003 and forward,
    a) 65000 applicants for H-1 assumed
    b) 40 percent of these assumed to be Indians (26000)
    c) 75 % of these 26000 assumed to have applied for and made it past the I-140 stage, i.e. 19500 added annually since 2003.
    d) Each year, 10000 visa numbers allotted to Indians. (Assumption: Indians don't have any dependents. If you want to include dependents, 2001 backlog clears in 2023, and 2006 backlog clears in 2055)

    Here are the results.


    Year Backlog YTC YC AC21
    2001 123194 12.3194 2012 2011
    2002 160274 16.0274 2016 2015
    2003 169774 16.9774 2016 2015
    2004 179274 17.9274 2020 2019
    2005 188774 18.8774 2020 2019
    2006 198274 19.8274 2024 2023
    2007 207774 20.7774 2024 2023
    2008 217274 21.7274 2028 2027
    2009 226774 22.6774 2028 2027
    2010 236274 23.6274 2032 2031


    Feel free to improve on this.

    I had posted this statistics last year on IV. I had done good research to arrive at these figures. I hope the figures will open eyes of people who are bestowed with 'blissful ignorance'.

    http://immigrationvoice.org/forum/showthread.php?p=1265#post1265



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