Monday, September 26, 2011

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  • belmontboy
    01-16 03:38 PM
    Every profession has its own set of problems, like ours.

    In addition to issues at profession, we also carry the GC burden

    As buddha said "desire is root of all evil". In pursuit of wealth, fame, good life!, we forget to live our life.

    If you are looking for peaceful job in this current economic scenario, i don't think there is any.
    I sometimes wish childhood had lasted my entire life.

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  • Guest007
    07-25 12:54 PM
    There is no law which ties AP and EAD to 485. So cant they allow filling of these two independent of 485, may be upon approval of 140?

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  • acecupid
    07-13 11:57 AM
    I suggest this thread be closed and we stop giving murthy any more publicity than she actually deserves. :mad:

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  • indianindian2006
    07-14 05:56 PM
    Should I send a AC21 letter to USCIS along with my new employment letter?
    Who is the best attorney for such cases?
    Is it possible that my prevous employer hasn't revoked 140? How can I know that? I have received RFE after one year after filing the case. Is there any way I can know the date when my previous employer did revoke the 140 ( in case he did)?

    Is their any ways you could contact your previous employer and try to find answers if your 140 is cancelled by that employer as that would give you a good idea of how to reply on this RFE.As suggested by others you have to reply to this RFE or your 485 is in jeopardy.


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  • 485Mbe4001
    09-11 11:58 AM
    wow..they resume discussions on sept 18th?

    Here is the info from NumbersUSA:

    Vote on Foreign-Worker Bills Postponed Amid Growing Opposition
    Updated Thursday, September 11, 2008, 10:00 AM

    The House Judiciary Committee yesterday postponed consideration of bills containing massive foreign worker increases (H.R. 5882 and H.R. 5924) after the committee's debate stalled during discussions on the armed forces amnesty bill (H.R. 6020). The committee is expected to resume consideration of all three bills on September 18

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  • InTheMoment
    05-26 07:13 PM
    Actually entire state of NH is within 100 miles of Canada and the coast.

    I feel the 100 mile rule is very reasonable and Border Patrol has every right to conduct random searches, question or detain whoever they suspect is breaking the law. Since it is clear that they could do that in this area, it is absolutely no burden for me to carry my papers when traveling here. At least it is easy when I know where the enforcement will be tighter. Harassment... absolutely not! I would so encourage something similar in my own country :)

    I myself was once stopped on a cold December night in 2003 in VT on I-91 by the border patrol and all 4 occupants in the car were questioned about citizenship. We showed our I-94's. We felt good that there is someone is actually doing the enforcement of immigration laws.

    Found this when I googled. Borderpatrol seems to have the authority to do whatever they did within 100 miles off any international border. It falls under 8 CFR 287.1. Entire state of NH is within 100 miles of Canada.


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  • bfadlia
    05-27 05:57 PM
    I-485 application instructions ( ask you to make photocopies of your passport.

    And color photos of expiring EAD when renewing that too
    still so dumb, people own color scanners and color printers at home and can do whatever they want there, y u need restrictions in stores

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  • insbaby
    07-18 05:02 AM
    USCIS did not say that they will return the application and they should be refilled.

    With their announcement on July 17th, they have about 16 more days in this month left. It is a heavy workload for them to reject all the petitions (minimum 200K packages) which is unnecessary work and cost enourmous amount of money.

    Also they will not invite another problem if the do not give sufficient time to the clients to file, what if someone receives the package Auguest 15. That will be another mess up.

    It looks like SCs have rejected some applications on the same day (July 2nd), those applicants should have already received them(on July 3rd or 4th). They have to refile. Rejections after July 17th may not be true.

    My lawer says:
    Your application has reached INS on July 2nd and upon the statement from USIC on July 17th, it will be accepted.


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  • sammas
    07-12 03:57 PM

    INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.

    For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.

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  • ImmiLosers
    11-22 12:26 AM
    I am unable to find USCIS internal I-140 adjudication manual. This could be my lifeline. Someone please provide link for it. Thanks!


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  • HV000
    03-19 12:53 PM
    Question on AOS processing based on PD/RD - Currently, EB2 INDIA is Dec 03. Assuming May 08 VB goes to Jan 03 (EB2 INDIA) , will the EB2 INDIA AOS applications with Feb - Dec 03 PDs still get processed??

    Any chance of EB2 India moving forward to April 05 by October 2008??

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  • fromnaija
    01-19 10:59 AM
    The following is a copy paste of the hopeless situation for many many of us, from the presentation paskal was referring to.

    Please add more facts, figures, numbers.

    There are around 147,000 employment based Visa number available every year.
    Each country in the world, irrespective of population, equally share from the same bucket for Visa Number.
    Total there are 100 (suppose) country in world. Each country will get 1470 Visa Number allocated / year.
    This 1470 will be divided between EB1, EB2 and EB3 category
    That means every category will get 490 Visa Number.
    USCIS statistics show each household has at least two member. So only 245 household from India in EB3 category will get GC in a year.
    Total GC application pending with USCIS is around 1MM.
    In simple you are in a funnel and if you don�t act now you will be in funnel for lifetime.

    There is only one thing wrong with this figure. Not all of the 100 countries will have immigrants in the EB category. The fact is that no one country can have more than 7% of the available visas i.e. 9800 of the available 140,000 EB visas per year.


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  • user2005
    01-16 09:42 AM
    signed up for $20/month.

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  • gcpool
    03-17 09:31 AM
    EB3 to EB2 filing is not cheating. They too are waiting in line. What used to be unfair was the fact the labour clearance in a lot of states used to take years and years and some places in months. What is unfair is allowing to labour substitute. If you have been waiting for long you too can try to change to EB2. And its not cheap and convinient.

    The biggest problem is interfiling from EB3 to EB2. USCIS must not allow anyone to change categories and retain old priority dates. This is nothing short of cheating ! What about the people who have been standing in line. You can't just change the rules when they suit you and get into the middle of the line. Pathetic !


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  • va_labor2002
    07-25 08:34 PM
    So did you ever get to contact aila. Or is there anybody who has contacts with aila taken up this issue with them?
    May be, everybody should contact their personal attorney and ask this question. We will see what their responses. If it is positive ,we can definitely contact USCIS and ask for clarifications.

    I am going to contact my attorney about this question.

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  • slowwin
    07-23 07:56 AM
    now that the Small Business lending program has passed the 60 vote threshold, they would be putting Amndt. to it for vote. any idea, when sanders Amndt. will be vote on ?:mad:


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  • venky08
    08-15 04:39 PM
    thats provided
    a. their I-140 is approved
    b. fingerprinting is done.
    c. passed the fbi name check.
    d. their case made it to the hands of adjudicator who is taking a final look at it.

    it is difficult to finish all these in less than two months.
    but you may never know, there might be some lucky ones.
    just hope that we all are that lucky :)

    some people who applied in June may get approved if their PDs are current. July/ Aug filers unlikely

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  • Project_A
    07-19 07:37 PM
    I submitted latest I-94 copy only; I do not have copies of all of my previous I-94's. Is it OK as long as we submitted copies of prior visa approvals?.


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  • piyu7444
    01-31 04:57 AM
    On H1 Status, one must be working full time and should be paid salary even if s/he is on benching. Three month maternity leave should be ok, but 6 months of unpaid leave will be very difficult to explain.

    You should seriously consider changing status to H4, if that is an option.

    In Nov, she can re-enter on H1 visa to come back to H1 status.

    Not a legal advice.
    US Citizen of Indian Origin

    So does this mean that pending AOS has no meaning?

    How about EAD.......if she switches to EAD in Feb with same employer and does not work from Mrach onward then?

    My (mis)understanding was that as long as one has a pending AOS one can be in US without a job and paystub as long as one has a pending AOS.

    Thanks for your help.

    08-21 08:20 PM
    Thank you to those of you who were kind enough to respond with helpful information and some understanding for my situation. I do appreciate that much.
    And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
    They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
    No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.

    I am not sure what you are trying to achive here by trying to prove your legality. Normally the USCIS wont come after you immidiately. But once you are not able to provide what they ask, they might deny your I-485 and ICE will be at your door step. So try to fix the problem before its too late rather than wasting your time here.

    07-11 01:50 PM
    I agree 100%.

    again no one can explain the ridiculous date movements by there can be no reason for this..Its just that someone saw numbers being wasted...and they randomly applied them to EB2...Now as for getting approvals for all those that are current now...forget it ...since that is USCIS and that is a whole different Animal (a lazy one!!)

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