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  • samay
    07-28 04:32 PM
    Hello,

    I have filled I-140 in last week of March 2008. My priority date(the day I file labor) is 15-Sep-2007. My labor got approved.

    My I-140 is under EB2 India.

    Today I checked status of my I-140 on https://egov.uscis.gov/cris/caseStatusSearchDisplay.do

    It says :

    Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

    Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD

    On July 25, 2008, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your mailing address.

    How much serious this is?? it says "REQUEST FOR INITIAL EVIDENCE SENT"

    I am waiting for RFI/RFE details as USCIS mailed it on July, 25 2008.

    Is there any difference between "REQUEST FOR INITIAL EVIDENCE SENT" and "REQUEST FOR EVIDENCE(ADDITIONAL)"?

    Is this means that they are processing my case?? Once I will give response to this RFE & they find everything fine than they will approve it(Hopefully) !!!!!!!

    I will really appreciate your response.

    Please reply me ASAP.

    Thanks.

    Relax and send all the documents requested by the USCIS. They might ask you for additional documents later based on what they receive from you or may approve your case.





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  • willigetgc?
    01-13 01:04 PM
    What IV can do right
    1. Now we have this 55K DV Bill. This is something different from the spillover (which is law and cannot be changed). This is one time oppurtunity to alieviate the sufferings of EB group as a whole. So can IV which is supposed to be talking for the whole EB community do the right thing here and ensure (with advocacy they are so good at) that IV's stand is that 55K visa are given to all GC applicant from retrogressed countries based on oldest priority date first irrespective of EB2 and EB3.

    2. The concequence of such a move is that long retrogressed EB applicants will get relief (Which is one of the point IV talks about in their charter)
    3. Sure Many US educated applicants from EB2 and EB3 will oppose this move because lets face it, this move impacts their getting GC sooner. And if they behave like that they are in the same category as EB2 guys on this forum who do not entertain any idea which will impact their getting GC soon.

    What wil happen if IV does the above
    1. The DV 55K bill will NEVER pass in congress. This along with the other bills we have seen will bite the dust because no one in the current economic scenario would like to see more immigrants (US educated or not)

    2. The DV 55K bill will fail but IV would have achieved what it has failed to do till now. Get the support of EB3 community which they claim to represent.



    Let me see if I understand PlainSpeak's language:
    1. IV core needs to put a lot of resources to lobby for the DV bill, knowing full well that this bill will go nowhere!

    2. Raise a false sense of hope among the EB3 community, again, knowing full well that its going to be dashed - just so that IV gains the trust of EB3 (I am EB3, and they have my trust without your logic!)

    3. An exercise to gain trust by misleading!:D

    I wonder why IV core did not come up with this brilliant idea ;)





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  • BharatPremi
    10-23 04:19 PM
    You have hit the nail right on the head. They issued 225000 H1b's between the years and 2000 and 2002 but the GC quota remained the same. Also, there is no quota for H1 (large # goes to India/Chine) but there is a quota for GC.

    The idea is they want to control it so that only a third of the ppl who come on H1 end up getting a GC. They make the GC process hard one way or the other. Either you get stuck in the labor queue or in the retrogression queue. The average time to get has always been 4 years. Some ppl get lucky and get it in less than 3 and some get unluck and spend over 5 years trying to get it!

    Ultimately the question for everyone is how long are you willing to put your life on hold? If you wait long enough you will get it. They seldom reject cases (unless it was a fraudulent case).

    Here are my thoughts not legal advise:
    -------------------------------------

    One way: Wait in US for 9 years to get GC by sticking to one company,
    exploited with less salary, No promotion
    Second Way: 1) Wait for GC in USA for 3-4 years meanwhile get Canadian PR
    2) Go to Canada as a PR for 3 years - Become citizen - "Tell
    your wife" to establish company A in Canada and Company B
    in USA - Have advantage of NAFTA
    3) Come to USA via Company B on TN visa and tell your
    employer Company B to file GC for you and now do not care
    whatever years US GC takes.. As long as "Company B" has
    business and you are working get TN renewals.





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  • samay
    07-06 12:08 PM
    Hello,

    Could you tell at 140 level does a candidate needs to submit all the previous
    H1 Approval notices.

    I couldnt submit my previous 140 approval notice since it was during 2000-2001. How important is the previous H1 B approval notices for a 140 approval ? . I submitted the current approval notice which is from 2006-2009

    Rajesh

    Hello

    We normally submit all the previous H-1B approvals with the I-140 application. I am a bit confused from your post is there a gap in your H-1 B approvals.



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  • snthampi
    07-31 04:16 PM
    Some morons also gave me red. U do not have guts to express yourself out and just want to give red dots . It is quite cynical. typical of their nature. They do not want to have fun. They do not want others to have fun.

    I agree. For many people having fun is about making money. We can't change them. So, we need to just ignore and move on.





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  • Macaca
    06-27 08:56 AM
    HOW THE SYSTEM OPERATES
    At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
    Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.

    VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.

    If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."

    From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).

    According to Ombudsmn report a documentarily qualified applicant is an applicant with approved I-485. The ombudsman report is a must read; most of the threads will not pop up if everyone reads them.

    The report also says USCIS can not predict these numbers accurately. That is why 10K GCs were wasted last year and 40K were exepected to be wasted this year. They moved PD to avoid the waste.

    USCIS knows the exact # of approved 485's before dates moved for June. So they know exactly when 2007 GCs will get exhausted by earlier approved ones, if at all they will get exhausted.

    I think they will retrogress dates after using 2008 quota. That is dates will retrogress in Nov/Dec.

    We can do some more analysis based on PD for june (which I don't know). What is the date set for June submissions? Thanks!



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  • Legal_Guy_HiTech_Slave
    09-22 06:11 PM
    Hello Friends,

    I am going through a wierd situation with my GC process. Not that the EB3 PD is retrogressed but a different one. Silly it sounds. Please help me in making a right decision. Thank you in advance for your suggestions.

    EB3 category.
    PD : April 15,2003.
    Labor: approved.
    I-140: approved.
    I-485: Only registered the application,FP done. Not applied for EAD,AP and others as I was not married at the "All gates open time in 2007"

    My Wierd Situation / Issue: I was not married at the time when all categories were current in Jul/Aug 2007 and so I had only applied for myself for the application to register for 485 process (Main application), submitted my medicals, Submitted my DOB certificates and completed the 485 adjustment of status registration. I got married at the end of 2007 and got my all Finger Prints completed in December 2007. Now my wife is here on H4 and dont know if I should keep continue my 485 just to keep the file active or wait untill my PD is current (NO HOPES may be in my next life as it is EB3) and apply along with my wife. PLEASE help me with your valuable suggestions. I just want to be safe because I have been working here for 10 years on H1B visa and tired of this immigration rules and litigations.





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  • lotres
    07-31 05:23 PM
    My I 485 is pending(July '07 filer.) When applying to a university, how should I indicate my status? There are not many options to choose from: permanent resident, resident alien, international student, or other visa type.

    Thanks!



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  • ita
    04-16 01:08 PM
    When Gadnhiji advocated secularism for India he did so because he believed in "Sarva Mata Sama Bhava"(The equality of all religions in which most of us believe).

    When religious conversions are made fundamental right as per constitution the word 'Secularism' became a farce.A farce used by religious groups (that use either terror/deceit,abuse for conversions) and also by Macaulian Indians

    (Today in India Hindus&others are 70%,Muslims 20%, Christians 10%)

    Once the head count , behind which most of the religious groups are running is reached , once the figures are toppled then the mantra will be dominate and destroy(as what happened in rest of the world be it Latin America or else where, stands as example), not secularism which will be reduced to joke by then.

    Read this interesting article about Modi

    http://www.dnaindia.com/report.asp?newsid=1248155

    www.theatlantic.com/doc/200904/india-modi - Intresting article on Narendra Modi.





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  • snathan
    03-29 08:35 PM
    Thank you for your personal opinion. India was doing well when Vajpayee was PM. He is not some management honcho. It is a vision of the person that is more important. Manmohan is a learned man and has provided country with real good service but real power rests with Sonia and her son Rahul.

    Hence. Its a question of ideology in the long run and given my background, BJP govt suits me better than Congress. So I prefer Advani over Sonia.

    I am not sure what vision Mr.Advani has for India. May be at this age he might have better vision than other people in the same league.



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  • NolaIndian32
    09-23 01:12 PM
    Nixtor,

    I like your idea, but please consider current homeowners as well in your proposal. I understand that if new homeowners are removed from the queue I am standing in, it will benefit me. But seriously, I will not get immediate relief. I will have to continue to wait in some queue for another decade. I have been in the US since 1994, completed 6 years of education and have been employed since 2000. My PD was current for 2 months, I am still sitting here looking at a dismal October Visa Bulletin. Yes, I bought my house 4 years ago. Why can't I be included in this list?

    Should I promise to buy a second home? Will that put me in the category you are proposing?





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  • nixstor
    07-03 05:23 PM
    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin



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  • bfadlia
    02-19 02:35 PM
    I guess, you still have to answer the question: "How keeping people who are in US, having kids and families, on EAD/AP for years serves the purpose of diversity?"

    Ow, I can convince a lot of people, by saying that US government wasted thousands of visas for countries without any country caps. Therefore "diversity" is a lousy and crappy excuse, the real problem is a complete mess, obsolete laws, corruption, and laziness of USCIS.

    bestia, USCIS are allowed to use the unused visas from one category in another even if they exceed the quota, they just choose to be inefficient and not do that. If there are excess ROW visas unused, we all strongly support that they be used for other groups.. but decreasing the wait of one group at the expense of increasing the wait of another.. u'll have to lose some people with that direction





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  • looivy
    08-20 10:35 PM
    There are other important immigration matters to be discussed.



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  • GCwaitforever
    01-23 05:34 PM
    If there is a need for companies to save money by going for substituted labor, then maybe the DOL and USCIS should work out to make the priority date of substitution case same as the 140 date and not the labor filing date.

    I am not sure of validity of substitution labor at all. When the original labor petition was applied, they could not find suitable candidates and hence they had to approve the labor. Fine. What about at the time of labor substitution? They ought to check the labor market again for a suitable candidate and only after confirming that there are not any candidates, the substitution labor should be approved with priority date of the substitution labor filing, not the original priority date. This will make labor substitution difficult for Desi companies and keeps it fair for everybody - immigrants, local candidates.





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  • Aah_GC
    08-16 12:04 AM
    Can we let him go then...? is there any guarantee they will not recruit more and massacre more? If its Israel already mosat would have taken the preparators. If its US, Pak would have been reduced to rubble.

    But India is only good to serve the mutton briyani...God save India.

    US knows that Pakistan is the mother of Terrorism, doesn't look like with all the aid flowing in, that it is being reduced to rubble. Terrorism is a deeper debate, and it borders on uneven economics, social structures, global imbalance to name a few. We have quite a few terrorists in India too, just look up Sikh riots of 1984 and Gujrat riots of 2002, the culprits walk scott free. You talk about Israel, how safe is Israel? Would you settle in Israel given a chance? The same is with the US, in the pretext of 9/11 the residual racism is now emerging in these situations.

    Whether we like it or not, Kasab will be hung to death. He is definitely a criminal, and it shines on our judicial system and independent media (both are screwed in their own ways) that we can tell that a terrorist hasn't been reduced to a weakling to not demand the food of his choice.



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  • at0474
    12-13 11:35 AM
    Discrimination in employment based on nationality is not allowed. However, can we extend the argument to the employment based immigration? We can always choose to take that promotion though we will lose our place in the queue.

    Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.

    --I think, per country quota system was framed with diversification as underlying principle, not discrimination.

    Depending on which country you are from, it may seem like discrimination or fair system upholding diversity.

    If you are from India, you would hate it. There are truckloads of programmers in that country. But if you are the only graduate with programming skills from a country like timbaktoo (?), you would love it. You also got a shot at american dream.

    This EB quota system reminds me of Caste reservation system in India. To some that is fair, to others, it is unfair. Depends on which side of the fence you are.





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  • kukitron
    09-29 11:54 AM
    Hi there,

    I also used automatic revalidation about 3 months back.. Dont worry, The immigration officer there knows all the rules. FYI, I went by car from rainbow bridge. While comming back officer just asked me normal questions such as "Where are you from ? " and "When are you flying back to Houston ?". Thats about it..

    --HumHongeKamiyab
    I just arrived yesterday from Canada with an expired Visa and my extension notice from INS.

    Unfortunatly, they officer was an ignorant pig without any knowledge about immigration. Luckily, I was sent to an office where officers were nice and well trained,

    I recommend you to print out the actual law so you can have more arguments and arrive earlier to the airport if you are flying





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  • vdlrao
    09-15 12:17 PM
    This is the monthwise total for Only PERM for India for year 2005 and 2006.

    Month EB (INDIA) # Approved
    Jan,05 0
    Feb,05 0
    Mar,05 1
    Apr,05 24
    May,05 133
    June,05 535
    July,05 794
    Aug,05 1313
    Sep,05 1316
    Oct,05 1212
    Nov,05 1541
    Dec,05 1771
    Jan,06 1788
    Feb,06 1729
    Mar,06 2224
    Apr,06 1635
    May,06 1876
    June,06 1902
    July,06 1574
    Aug,06 1317
    Sep,06 963

    PERM 2005 (All EB2+EB3) for India is 8640
    PERM upto Sep 2006 (2+3) for india is 15008
    So the movement depends on the spillover to EB2 india. I assume if it is in the range of 15 to 20K then it will move upto mid of 2006 by end of 2010 for sure.

    If the spill over is in the range > 20K to EB2 india then it will go to September 2006.

    How did you say that are Only EB2+ EB3?





    ramus
    07-03 04:23 PM
    Thanks...


    Hi all,

    Regarding the recent goofup by USCIS, please rate this story

    http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who

    if this receives more than 100 users rating for the story in next 5-10 hours - it would be displayed on the first page. Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.

    Note that you ll have to signup as digg.com member to rate it - it ll just take 30 secs of your time.

    Sorry I wasn't able to submit the official IV prlog.com url since it is not accepted by Digg.

    thanks.





    sands_14
    07-10 08:27 PM
    Well friends,
    I understand the things .
    My take is:
    I will stay another 2 years when i exhaust my full 6yrs H1B.If GC doesnt seem thru by then,I can then move back to INDIA and invest in a new venture.
    I dont find any need to go to Canada,Australia or Gulf.
    Anyways best of Luck to all Migratory BIRDS:) No PUN intended !!:)



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