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  • skillet
    06-18 01:06 PM
    No.. They are not auditing..




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  • vinabath
    07-20 12:59 PM
    Not trying to be pessimitic her but any new hires will need to be trained, and infrastructure need to be set up. All these things do not happen overnight.
    Also, there are dependancies. I-485 information needs to be entered in the system and A # on I-140 need to be crosschecked. If one is not available already then it needs to be generated.
    All these add to the time.

    You are not pessimistic. I know how federal contracting happens. If I am the federal contractor to USCIS and I have a contract with them. Lets say contract 's scope of work to process 485, 140, 765, 131 apps. USCIS can always add money to existing contract and ask for more man hours for the contract year. Most of the time Federal Installations have extra space to accomodate new temp resources.

    So in 2-3 months they can add more resources to take care of this shit. But I can say for sure that dont expect EAD or AP in 3 months.




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  • pdakwala
    03-08 01:29 PM
    It keeps saying that the page cannot be displayed. Requesting for some expert's tips.




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  • Saralayar
    03-04 03:36 PM
    bole to sub ka current booking main chance lagta hai....ticket milega...subko...:)....bahoot jaldi....
    What do you mean buddy??. It is a common forum. Use common language. For lot of people it looks like "Greek and Latin":confused:.



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  • 2BeeNot2Bee
    09-14 06:45 PM
    If Substution labor was ethical, PD porting from EB3 to EB2 is ethical.
    Ithink PD Porting might be legal at this time but not ETHICAL.

    If substitution was unethical, July 07 out-of-turn PD flood which has created a HUGE backlog is unethical, if that is unethical, PD porting is also unethical.




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  • ags123
    02-19 10:10 PM
    a) The obvious, in April spill over happens. India Jumped from U to 1dec 03 in April08

    b) in 2008 April India Eb2 tied with China Eb2 as India Eb2 was unavailable in March 2008
    given the regulation of giving spillover by earliest date India Eb2 held China Eb2 at the 1Dec03 date for the month of April 2008

    c) This year has not needed any pd backward movement for India. This is unlike 2008 where it went to Jan02 and Jan00 to U. This means India Quota itself is still being used and yet we are at 15 Feb 04.

    Please let me know if you see any more interesting things in this.

    I Ch
    Oct 2007 1-Apr-04 1-Jan-06
    Nov 2007 1-Apr-04 1-Jan-06
    Dec 2007 1-Jan-02 1-Jan-03
    Jan 2008 1-Jan-00 1-Jan-03
    Feb 2008 U 1-Jan-03
    Mar 2008 U 1-Dec-03
    Apr 2008 1-Dec-03 1-Dec-03
    May 2008 1-Jan-04 1-Jan-04
    Jun 2008 1-Apr-04 1-Apr-04
    Jul 2008 1-Apr-04 1-Apr-04
    Aug 2008 1-Jun-06 1-Jun-06
    Sep 2008 1-Aug-06 1-Aug-06
    Oct 2008 1-Apr-03 1-Apr-04
    Nov 2008 1-Jun-03 1-Jun-04
    Dec 2008 1-Jun-03 1-Jun-04
    Jan 2009 1-Jul-03 8-Jul-04
    Feb 2009 1-Jan-04 1-Jan-05
    Mar 2009 15-Feb-04 15-Feb-05
    Apr 2009
    May 2009
    Jun 2009
    Jul 2009
    Aug 2009
    Sep 2009



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  • snram4
    02-24 07:15 PM
    Still USA is going to e attractive destination unless currency goes less than 30 rupees. Still USA is Top in innovations in medical, Biomedical and core products like Apple, Microsoft etc. India and China are going to to do service oriented jobs and hardly any big innovations. That is going to continue for next few years. Also survival is easy here compared to India as population is 4 times than USA and country is 1/4 of USA. It is a mere speculation and our wish that US citizens will wait in line for Indian visa. But it is a fact that we do not need to come to USA just for money as we can get excellent pay package in many industries in India and quality of life improved a lot on par with USA. Still population growth with less land will make lack of facilities for many people in future decades. Mainly water, food,land and energy shortage will be a problem in next decades and we need to wait and see how our government handles that.

    May be our kids in future will have to wait inline for Indian Residency:p




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  • GeetaRam
    11-30 03:28 PM
    Hi,

    I was following this thread and it has good information.
    I have EB3 labor and I-140 approved with priority date March 2005. I couldn't file my I-485 in 2007.
    Recently thru same employer I filed EB2 labor which got approved in Sept 2010. I have filed my I-140 under regular processing. I asked my attorney and he said as I already have one I-140 approved I should file this one under regular processing. USCIS might reject premium processing. Any advice.
    My 6th year of H1-B is getting completed on Sept 2011.
    Please suggest should I file my I-140 under premium processing? Should I try to convert it???
    9 years and VayuMahesh any inputs... congratulations to u both for successful I-140 approval and porting....

    Thanks in advance...



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  • Mygr8life
    12-18 02:02 PM
    I think they will apply spillover only in the last quarter (July-sept 2010). Nothing will happen till July. And even in the last quarter, significant jump would be only in sept.

    Kondur...My gut says you are probably right that "they will apply spillover only in the last quarter" but the INA law says "quarterly...". So if "by law" if they are required to utilize the quarterly quota by Dec 2009, how many estimated #s are we talking? Is the estimated spillover visas couple of hundred or 1000 or 10,000-15,000???

    Can someone answer the following (I understand IV has crunched the numbers and have predicted dates, but it would also be helpful to see these translated into #s): Does anyone wanna take a shot at crunching the above #s?

    Between Oct2009 to Dec2009 (1st quarter):
    1. How many total employment visas (is it be 140,000/4) are available per quarter?
    2. How many total EB1+EB2Row pending applications?
    3. Now the big assumption, How many of these have been adjudicated or have been alloted a visa # or could potentially use a visa #? (gurus...make some assumption).
    4. So this current quarter how many visa #s are leftover for spillover to EB2-nonRow? (theortically should/could be or must be/allocated or "used up" by Dec2009, i.e. within the next 13 days)?

    So in plain english: The answer could be as simple as "This quarter, which ends on Dec31, 2009, there could be .... visas available for spillover".

    This might be unreasonable to expect but could be useful information...Whether spillover happens this quarter or not? thats a different story:confused:

    Thanks.




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  • ind_game
    05-13 11:18 PM
    was ur first MTR denied in error?
    as per you, your I-140 was never denied.

    My I-140 was never denied. In fact the date 09/04/2007 that NSC mentions about the denial is the date that I got approval notice. I have the approval copy from USCIS. I am not sure what the adjudicating officer is looking on his terminal.



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  • susie
    07-15 11:32 AM
    2 0f 2



    Jack, Mary and Sundeep

    Sundeep�s Dad works in a business, which is 40% owned by him. It is a multinational home furnishing�s business, which in the USA employees 5 American employees to design and craft furniture for sale. He is in L1 visa holder (and Sundeep therefore is an L2 visa holder). After arriving in the USA, the business sponsored Sundeep�s Dad for employment-based permanent residency as managing director. Sundeep and his Mother were derivatives on this application. The petition was ultimately approved and Sundeep and his family adjusted status thereafter before he turned 21. Sundeep eventually became a citizen and does various jobs.

    Jack and Mary�s parents are E-2 visa holders. Their business is a large grocery store, which employs over 25 employees on both a full-time and part-time basis. The store is rented, but the business is very successful and is worth about $450,000.

    Jack has graduated high school and is very ambitious. His dream was to go to the University of Michigan. Unfortunately he was not eligible for a full scholarship because most scholarships available are only for permanent residents and citizens. Fortunately, he gained a partial football scholarship to play for the Michigan Wolverines. His Parent�s pay for the remaining tuition thanks to their successful business. Jack is in his final year of his degree and is majoring in Math and Economics, and is currently on a 3.9 GPA in the top 98th percentile. He is 20 years old. Upon graduation, Jack wanted to serve in the US military but could not because he is regarded as a temporary resident (being in nonimmigrant status).

    He is now considering his options. He had planned to go to law school after military service, but is now deciding whether to attend in the following academic year or find other work first (knowing he cannot qualify for most scholarships and competitive domestic loans). Ironically, his sister Mary has no problem. She is an American citizen. She has the ability to go college and being smart, has received scholarships and low interest loans, saving her many thousands of dollars. She also works part-time to fund her social life.

    Education

    Another potential solution for nonimmigrant children is through education. As children with derivative visas they are entitled to be educated in the USA to high school level, whether through a State funded school or a privately funded school. Once this is complete a child may decide to go onto college to pursue degree level studies or equivalent studies at a higher education institution.

    If a child is approaching 21 or has already passed 21, he or she may apply for a course of study in a US school or college. For academic studies the F1 visa would provide a solution. For vocational studies the M1 visa would provide a solution. However, even with this, there might be a problem for a person who left their US home and has gone back to their country or residence or citizenship because they have turned 21. Sometimes this is referred to colloquially as the �home country,� which is an insulting turn of phrase for a person who has spent most of their life in the USA, and therefore will be referred to in this article as country or citizenship or residence.

    To be eligible for most nonimmigrant visas (i.e. those that do not have dual intent or similar status) a person generally has to prove ties with their country of citizenship or residence. Specifically he or she has to prove at the time of applying for the visa (including M1 or F1 visas) that he or she:

    1. Has a residence abroad;
    2. Has no immediate intention of abandoning that residence; and
    3. Intends to depart from the USA upon completion of the course of study.

    Fortunately, in relation to (1), the FAM guidelines recognize that in relation to F1/M1 visas,

    it is natural that the student does not possess ties of property, employment, family obligation, and continuity of life typical of [more short-term visa applicants such as a] B visa applicants. These ties are typically weakly held by student applicants, as the student is often single, unemployed, without property, and is at the stage in life of deciding and developing his or her future plans. This general condition is further accentuated in light of the student�s proposed extended absence from his or her homeland. [9 FAM 41.61 N5.2]

    However, there is still another problem. The consular officer must still also be satisfied with (2) and (3). Fortunately, the consular officer has to recognize an intention of abandoning residence of your country of citizenship and residence is only important at the time of application and that �this intention is subject to change or even likely to change is NOT a sufficient reason to deny a visa.� 9 FAM 41.61 N5.2. Despite these considerations, if the consular officer is aware the rest of the visa applicant�s family is in the USA from the required disclosures on the visa application, this is evidence which may cause denial of the visa.

    Jack

    Unfortunately, on graduation Jack could not find work in the USA. He wanted to remain in Detroit to be with his family, but it is suffering from high unemployment. He also had three offers from three banks in New York before graduation to work as a stock trader. He accepted one and they were willing to sponsor Jack with a H1-B nonimmigrant employment visa. However, when the employer submitted the application and fee, it transpired they could not sponsor him. The H1-B cap for 60,000 visas had been reached for 2008 in just three days. 150,000 applications were made and so the USCIS selected 60,000 on a random basis. Unfortunately, Jack was one of the unlucky 90,000 and the application was returned to the employer unprocessed. Even more unfortunate, the employer was unwilling to sponsor Jack with an employment-based permanent residency petition.

    Jack is now in the UK, his country of citizenship, despite the fact his Parents and sister remain in the USA and will continue to be so. Jack�s sister could sponsor Jack for a family-based immigrant visa after she turns 21, but she is still only 18 and so cannot do so under current laws. Even if she was 21, Jack would have to wait about 15 years. Jack, therefore resigns to a new life in London. Fortunately, he works in Canary Wharf, London, for a major bank as an analyst.

    During this time he is not happy. He is out of touch with people in the UK culturally speaking, suffers from depression, but despite this does his best to adjust. He contemplates coming to the USA on student visa to do law school. In the future he applies and gets offers to do a JD in Yale, Columbia, New York, Georgetown and Duke.

    However, if the laws stay as they were at the start of 2007, Jack knows he will have problems. He has to have the intention to leave the USA upon completion of his studies. However, in his heart he wants to stay in the USA but realizes the law does not allow this. Knowing this, he can apply for a Fulbright scholarship and will likely be ones and successful so that his tuition fees and living expenses are paid for in full. However, the terms state he must return on completion of his degree. If this fails Jack, in applying for an F1 visa, has to prove he can pay for and in fact has the funds to pay for the degree and the living expenses and so would have to wait until he is able obtain this money somehow. This is particularly onerous when you consider a law degree at the above listed law schools costs approximately or more than $35,000 in tuition fees each year alone.

    The Need for Reform for the Children

    Legislation should be enacted to enable those specified above to also apply for permanent residence. Under the STRIVE Act, illegal immigrants would be provided with a direct path to permanent residency and eventually citizenship. However, the children are law abiding nonimmigrant visa holders are left out in the cold. What a peculiar turn of events!

    Jack would not receive any benefit under the upcoming comprehensive immigration reform to apply directly and on his own behalf for permanent residency. For a country that has educated Jack from the beginning (through the taxes of Americans and other residents) it is strange that:

    * He is not allowed to live in his home with his friends and family automatically;
    * The USA invested so many resources in the development and cultivation of Jack�s talents (tens of thousands of dollars in fact), but Jack is unable to automatically return to give back for his achievements such as through taxes on a potentially high income; and
    * The UK has taken the direct benefit, since Jack works in the USA, without having spent any money on his education and development.

    The bottom line is immigration needs to be comprehensive, not only to promote family reunification, but also to ensure the USA does not lose out on the best talent in an increasingly competitive global economy.

    Help for the Children of Illegal Migrants: The DREAM Act

    Ironically, the DREAM Act (The Development, Relief and Education for Alien Minors Act) is currently a Bill pending in US Congress (and is incorporated in the STRIVE Act), which would provide wide ranging help to illegal immigrant students. Unfortunately, this does not help the children of nonimmigrant visa holders such as Jack.

    Reporting Errors

    This article does not constitute legal advice and may not correctly describe the legal position. However, reasonable efforts have been taken to ensure its relevancy. Please report errors and provide feedback on this article on the related thread at http://www.expatsvoice.org/forum/showthread.php?t=1986.




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  • mbawa2574
    07-06 01:27 AM
    IV does not need a change in leadership. We have a very effective leadership that is working hard behind the scenes to bring about a positive change to the community. If we have not been noticing major changes, it's due to the passive (chaltha hai chalne do) nature of our community, who don't even lift a finger to swat a fly, until and unless they receive a RFE/NOID/Rejection letter from the USCIS.

    No change in leadership will bring about any change, unless the community changes it's mentality, raises above narcissism, and becomes actively involved in the movement. This requires a "person with the face", a person ready to expose himself as a leader of the movement to motivate others; subjecting himself/herself to death threats (and other threats) from anti-immigrant goons like ITGrunt and others. Our fearless Aman Kapoor has made that bold sacrifice for the ungrateful community which blames him for all our collective failures.

    So before proposing a change in leadership, I request Mr. Bawa to post his personal picture in the IV profile and/or publish a YouTube video of his ideas for the movement ( just like Aman's video on Immigration Voice). I can't vote for a faceless leader hiding behind anonymity. I need a real life person with real ideas. Do we have such New fearless leaders in our community?

    I can post my picture or I may have a video on youtube. I am not trying to blame Aman. I am pointing at the wrong stratergy and a sleeping core team. They were good in 07 but not anymore. Let's find the new leaders. U can take names or call me whatever but I want something done above and beyond the idealism.

    I have met Senators, I have visited Reps and met enough people on IV's directions, Nothing has changed as the directors were incompetent.



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  • scottsmith
    09-15 03:33 PM
    Very well said there are ppl like "GCTest", that will start this thread try to divide the whole community instead of supporting HR 5882 & calling all the Committee Members.

    There are people that used
    1> Labor substitution
    2> Worked in LC backlogged state like CA, NY, TX etc but filed in fast moving states like Maine, NH etc..
    3> Applied in EB2 when their job requirements wasn't really EB2.
    4> Made up five years of experience so as to apply for EB2.
    5> Packaged NIIT diploma et al as masters..

    Then there are others Who applied in EB2 because they had a masters or genuine experience AND their job demanded EB2. Also people, irrespective of their categories, toiled at BECs.

    I would be a bit skeptical about folks that filed EB2 thru a body-shopper or a consulting company. It doesnt mean that EB3s are holier-than-thou and hasnt resorted to fraud.

    My point is, the whole system is biased against people who follow the rules.
    Unless you play the system ( using the points mentioned above), you have to wait and wait and wait..

    At this point, its hard to find out who belonged to the former category and who belonged to the later. Do you think people would come forward and accept?

    -Peace
    G




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  • suriajay12
    03-07 07:24 AM
    http://www.shusterman.com/

    news ticker mentions Eb3 ROW and Eb3 phillipines will Retrogress by 1 year to 2004. (He mentions a phone call from Hillary, not too sure whether to believe it)

    Could this be futher indication that the spill over from Eb1 and Eb4 and Eb5 will go to Eb2 India and China?

    only Monday will tell... This is one nerve wracking weekend.

    immigration-law.com also says the same thngs:

    "03/07/2009: Wild-Fire Rumor of EB-3 One Year Retrogression for Worldwide Category in April 2009 Visa Bulletin

    * The April 2009 Visa Bulletin is likely released shortly. However, there is a wild fire burning towns all over from the rumor that EB-3 visa numbers will be moved backward for one full year for Rest of World category in the April 2009 Visa Bulletin. The sources of the information appear to be credible, but we will have to wait and see. "



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  • diptam
    12-18 12:33 PM
    My lawyer received it on Dec 16th - they said that they need at least 2 weeks to answer the RFE. They also mentioned that the RFE doesn''t ask for any specific paperwork , its like a Question-Answer Form.

    a) Why do you need this guy
    b) Can you find an american instead of this guy
    c) How you benchmark performance in the company

    etc...

    diptam : Whether your I-140 is approved now?




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  • lonedesi
    08-11 04:54 PM
    Is it Rumors or True?

    If it is true then really its very good news and we can see 140 approvals soon.

    Never take anything for granted esp with USCIS. Rumors are still rumors up until the time we see the action on part of USCIS to clear the backlogs. So for now, join this campaign and help yourself by putting pressure on USCIS to clear the I-140 backlogs.



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  • alterego
    06-24 12:31 PM
    America is losing its attractiveness to the worlds top talent. Those of us in the system may feel that having invested so much time/effort/money already in the process, we cannot turn back now and cut our losses, however looking at it from the perspective of a promising 24 yr old researcher or graduate, the vantage point can be quite different. He has very little invested in this country and looks at the situation of those like us ahead of him/her in the pipeline to make a decision.
    That decision might become that the US is not a place to settle down, that it is not a welcoming nation, that opportunities are choked off for the non natives, etc etc. Those would be the worst messages to send to the cream of the world's talent. The reaction would be to either not come in or to come in with a mindset to take the best of the education system etc and move on to the best opportunities. The US has never had to react to his type of thing, because hitherto it was a minimal issue. The current policies however are changing that.




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  • globaldesi
    12-11 03:16 PM
    Can we check with CIS if they plan to pursue this option (pre-485 step)?

    Is there a plan to start a campaign for this? I would be willing to contribute (monetary and effort) if there's such a plan...

    I can see there are a lot of folks who would welcome such a plan.




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  • avis
    01-05 11:46 AM
    My PD is Dec 2002. Still waiting for the 45 day letter.
    Dallas Backlog Center




    seahawks
    07-06 02:34 AM
    let me ask you this. did anyone from "leadership" call/email/contact you when you were inactive/busy with your life. if the leaders did not call/email you, how will you know if your help is needed. i don't see how its u'r fault

    yep, they did, they called email me and asked me to contact other people and organize in a state chapter level. They are also helping on getting other people to help me mobilize members from a state chapter level. The point is the sense of urgency on how we need to move forward together. There is absolutely no room for confusion and I agree when people dont see results, there is always suspicion. But to build an organization from scratch is no easy task, we must recognize that and be respectful of people who do put their time and efforts to make things happen. We all must channelize our energy to making this successful. Everyone has their opinions and I respect that, but I am more interested on hearing solutions if you see there is no progress. Simply asking for change but knowing what change means to all of us will have no takers!




    srinivas_o
    09-16 06:45 PM
    I have made one time of contribution of $100 through PayPal.

    Here are the details.

    Confirmation Number: 3YE50599L7886501J.

    Due to some personal reason, I am not able to make it to Rally, but my heart felt best wishes to everyone.



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