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Wednesday, June 22, 2011

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  • madhu345
    12-21 06:40 AM
    Atleast someone is hearing our voices.

    Does H4 to H1 conversion counts H1B numbers right?
    :confused:
    -Madhu





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  • hope_4_best
    04-02 11:45 AM
    sent both faxes





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  • mammoy2k
    09-10 12:49 PM
    When I used term misguide, I was reffering to "I-140 Approval". Here is another attempt to clarify:

    If you concurrently filed your application and if it is more than 180 since you filed and your I-140 is not approved yet, then can you use AC21? The answer is yes as per Yates memo. Even though your I-140 is not approved at the time you invoked AC21, USCIS while adjudicating the petition should determine whether the I-140 was approvable at the time of filling? Please read the memo, if you have not done so.

    In nutshell, I-140 approval is not required for invoking AC21, if application was filed concurrently and has been pending for 180 days or more. Attorneys ask you to remain in your job, so as to minimize the risk.

    Kindly see the context of the post and please read the post completely before going ballistic �

    I am not talking about the requirements for concurrent filing. Yes, everybody knows that I-140 and I-485 could be filed together, hence the word �concurrent�.

    However, approved I-140 is required for invoking AC-21 to change employer after 180 days of 485 receipt.

    If you want to change employer without consideration to the salary, be my guest. I am simply trying to relay what I have learnt from discussions with 4 top attorneys in the country. If you have any doubt, speak to an attorney. But you are welcome to do whatever you find is best for you. I have changed employer using AC-21 and simply attempting to provide the information about practical implication/ramifications of AC-21 from my experience and knowing. As always, you are welcome to do whatever you deem fit in your case.





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  • Rajeev
    11-03 03:02 PM
    It is high time, we support this initiative from Senator Menendez.

    http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/1624351-bill-s0185-active-again-please-call-your-senators-for-support.html#post2013464

    "It seems that the bill S 1085 (the Reuniting Families Act (RFA) has become active again. I received e-mails from Senator Menedez and Senator Lautenberg talking about the bill. Senator Menendex mentioned the recapture employment-based visas that haven't been used in past years so that they may be used in future years. Among other things, he also mentioned that he will continue to address the concerns of employment-based visas in the context of comprehensive immigration reform. He is the sponsor of the S 1085 bill.

    Senetor Lautenberg mentioned "Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.

    A bill has been introduced in the Senate that would address some of these delays and caps. The �Reuniting American Families Act� (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total."

    It seems that Senator Menendez is doing a lot of work to bring relief to all immigrants including employment based. It may be brought in the lame-duck session in December.

    Please call your Senators to co-sponsor/support this bill."



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  • sreenivas11
    08-15 02:06 PM
    my option is no...but i selected yes





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  • Leo07
    11-03 01:26 PM
    I can't get you "Green" card fast...but this "green" I think I can:)



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  • sameer2730
    11-03 09:25 AM
    EB2 likes visa bulletin predictions.
    EB3 does not.

    That explains the green or red in my opinion.

    I hope once DOS decides to change the spillover and give the extra visas to Eb3 (whoever ROW , India....). The ensuing discussions from from the self glorified EB2 crowd here would make for an entertaining reading. I would like to see how much they enjoy the predictions after that.





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  • GC08
    09-01 06:07 PM
    Looks like the wait will be much longer than we originally thought.



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  • loudoggs
    08-31 10:55 PM
    Nice article....Thanks for sharing!!

    ABC News:

    http://www.abcnews.go.com/Business/story?id=3526093&page=1





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  • gc4me
    04-18 08:53 AM
    I will take it :D
    In that case, at least you will have your EAD and AP and can change your blood sucking deshi consulting company after 180 days and can peruse better employment opportunities.

    Lost in the big hoopla of 1 yr jump and hopes of similar advancement for others in May VB are the following facts.

    1. USCIS is about to raise fees for all immigration related procedures beginning from June 1st
    2. Visa quota ends in September and it takes on an average of 4-6 months to process I-485.
    Let me detail 2nd step. If they move dates forward by say 1 yr and thousands become eligible for 485. They will accept those cases, get fees from those lucky souls and make the dates unavailable after 1-2 months. Remember last year they were moving dates by 6 months till they made it UNAVILABLE for August and September.



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  • new2gc
    05-12 01:21 PM
    Hope they don't pass this bill and kick us back by 5 Years.

    I don't see a relation between Obama saying ..... Cisco, Intel, Ebay started by Immigrants and DREAM. Those Immigrants he is referring to are from India/China and DREAM are from Mexico.
    Am i missing something here?

    Nothing but election stunt....trying for another trap.





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  • webm
    12-31 01:08 PM
    This thread seems to express my thoughts.
    I used to wait till my dates got current. With my dates being current since November, I still wait with no sign of improvement.
    I tried calling the 1-800 number. But, did not get any useful information.
    Took an Infopass appointment couple of weeks back. But, it was of no use.
    The officer at the local office read the same status that I see online.
    She said that my case was transfered to Texas center. (I knew this since October 2007). Only additional information she gave me was that my namecheck got clreared. (Though this is important, I dont think this really matters to get my case processed).

    I told her that I have been waiting since years and some of friends who filed later than me already got their GCs, she felt sorry for me but she said there is nothing she can do for me. Not even a Service Request since my dates are within the processing times.

    Its getting difficult for me......Also, in this economy its getting tough everyday to hold on to the job. Who knows may be this year quota might be over too. It will definitely be a big relief if we get the GC.
    I thought there is nothing I can do now till my dates goes outside the processing times. Please advice.

    Good Luck to everyone.


    We are in the same boat my friend....keep hope!!

    Happy Newyear 2009!! we might get Green soon...


    --------------
    PD:EB3-I Oct 2001.



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  • Carlau
    06-19 10:17 PM
    I think u r in a trap here. I recently talked to a HR of a desi company and he clearly told me his boss does not want to file for 485 for all eligible applicants and is working on strategies to fool his employees into prolonging things till dates retrogress.

    U can choose ur lawyer, u don't have to let employer know u applying for 485 at all. Do not link ur lawyer and employer for any reason. Keep them both away. U already have 140 approved and u have nothing to lose.

    Don't fall into ur employer - lawyer trap

    Sats123, Chanduv23 is correct, also reading that with the paystubs you can avoid the employer letter saying that you work in such position and for such salary, finding out what position they used to file your labor (did you find it in the database on my previous post) and considering that you are about to get ripped off, it would be advisable that you go through that lawyer that someone was saying charges 1000 to file your papers and 500 for your spouse;

    Did you get the medicals? I know it takes time now to get an appointment, and if you want to file the I-485 on your own, please ask if you have questions, I think you can get out of this trap and before the immigration rates hike on July 30th.





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  • vdlrao
    06-04 06:08 PM
    EB2 India will move very fast till 01 JAN 06 as because based on June 2007 bulletin, just before the july fiasco,( http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html ) the PD for China is 01 JAN 06. That means in EB2 Category except India and China every other country is current. So till India reaches 01 JAN 06 PD in EB2, all the spill overs will be moved to EB2 India. By the time India EB2 reaches 01 JAN 06, China PD in EB2 will move further from 01 JAN 06 by using its 7% quota. So Inidia PD for EB2 again moves fast till that changed China PD using the spill overs. After that India and China will share the spill overs based on the PD priority. All this happens if and only if the USCIS works effectively and uses all the available visa numbers for the present fiscal year. My prediction for EB2 India PD is it touch 2005 /even cross few months in 2005 by the end of this year if USCIS works effectively.



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  • gc28262
    03-26 11:36 AM
    Hi Guys,

    I am not sure if this is the trend everywhere only in TX. The DPS - Department of public Safety which is issuing Driving License started asking for the Employment Verification or latest Pay Slip. I asked the officer if its the new requirement and she replied Yes, its started recently. If you are in H1 or H4 visa, you need to prove that you are still in job and getting paid. One more nail in the coffin.

    Thanks

    Any idea who introduces such legislation in Texas ? ( Drivers id with vertical orientation, paystubs requirement etc)





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  • gcgreen
    08-15 12:53 PM
    To my knowledge, bench non-pay violates H1B rules. If you are on H1B you are required to draw a salary every month.

    I do not know if bench non-pay violates AOS pending status.

    Hello Gurus,


    This is my first post. I had filed 485/140 in Aug. 2007. 140 got approved this March 2008. I donot have pay stub for last 3 months. I am looking for change. My labor is a substituted one( PD 2004). It has skills mentioned of Oracle EBS. I am working on Java/J2EE. I am looking for a new Job with Java/J2EE skills. I am worried that my new offer letter with Java skills mentioned would create a problem for me.

    Please Gurus, can you advice me as to whether I can do that? Will staying on bench create a problem, as I donot get salary on bench.

    Please help me.



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  • gk_2000
    07-29 03:13 PM
    You are saying that because you are from ROW.
    I would be delighted since I am from EB3-I. That is what is unfair about this country cap. You probably filed your GC in 2009 and is already impatient. Think about people who came to this country in 2000 or before still waiting for their GCs.

    Some of them has aging out kids who will lose their eligibility because of this long wait.

    This "me vs you" attitude is what is unhealthy. Having PD of June 2002 is nothing to be happy about, either for EB3-I or ROW. It is just pathetic. We should all be together in this. Asking for more visa numbers, recapture, etc would be more practical for us





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  • looivy
    11-29 02:10 PM
    I fail to see how this whole thing helps EB3-I/C. IV should work on measures that alleviate EB3-I/C pains.

    Immigrationvoice team has been working on the publicly available USCIS data since its release on USCIS website and we have been discussing this data with top USCIS officials to clear doubts.

    Immigration Voice is releasing the analysis of the information for the community. You can view the report at

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36


    We are putting together a list of recommendations about this data for our next meeting with USCIS. If you have suggestions, do post on the thread. We would also be updating this report on regular basis as the data is updated on USCIS site and numbers change due to approvals/pre-adjudications/field office data/ CP and spillovers. The visa bulletin movement will also be compared against the report and checked with USCIS and DOS.

    Team IV

    Note: Please read the entire document rather than just basing your judgment on the graph and the visa bulletin charts. There are several caveats and limitations of this data.

    We feel this is a one step ahead of the IV prediction tool published by IV in the past. We will continue to refine the analysis as we receive information from DOS and USCIS through our advocacy efforts.





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  • cool_desi_gc
    12-17 09:11 PM
    Chumki,

    My 485 online status says that they have recieved it on Sept 18th.But i posted my app on Jul 18th and i have return reciept that they have recieved it on July 18th.Someone has actually signed the reciept.So what is my RD ?





    se_vnt3
    02-28 02:41 PM
    Regardless of the incorrect forum to tell about yourself, your story has serious flaws.
    you are just telling us your side of a photoshopped story.

    Even after you are here illegally, you can correct things and take a legal turn. there are so many cases where people who have overstayed or crossed over illegally, got themselves deported and or brought themselves out of the closet and applied and got their citizenships.

    Also, bcos you spent 30 years in the country, you should be given a priority over a kid from your country who kept applying for a green card lottery every year, trying to enter the US legally?

    to make matters worse, you stayed illegally in a country and did not follow the rule of law.

    1. I am beyond the �waiting for my delayed Green-Card� and �attempting to correct my ilegal status� stage. I am not new to immigration, I�m true to immigration.

    2. I am no longer fighting for my rights. I�m OK. I�m in my own country with all rights available to me and am offered a Waiver by the U.S. to visit my friends, family and loved ones when I want. Today I�m fighting for my USC Immediate Relatives� rights from my country. How many of you high&mighty can say that? Probably never will too. You�d have to walk in my shoes and from my view none of you except for 24ps can fit them, though sledge_hammer might have to learn how to walk in them. He/she sounds a lot like me in my smug and cocky drug peddling and trafficking days. Clue, sledge_hammer: The key to expertise does not lie in what you do but in how you do it. Obligating an unrequested personal opini�n on someone is quite negligent and incompetent of a professional. But I guess that�s what�s expected of IV while you�re dug in here, hunh? How unfortunate.

    3. You who are new to immigration can probably learn a lot from my case if you weren�t so caught up in your virgin-eared-newbies image. Like anyone�s going to believe that. Anyone who�s anyone already knows all you want is your Green Card or for whatever human right you feel is being overlooked in this life to be acknowledged while you�re still alive � like me. Let�s hope none of you will ever need an individual such as myself to understand your case anytime in the future. God bless you in all your endeveours.





    hiralal
    04-19 09:30 PM
    Hey Bozo - I've been following IV for about 2 years now using my spouse's ID - I just created one for myself today - My wife and I have contributed to IV also. Know the facts before shooting your mouth off - NUT JOB!!!
    good effort and a superb reply



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