Wednesday, September 21, 2011

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  • pcs
    08-03 01:39 PM
    This guy is the root cause of our problem. Else, we would have got our provisions in Dec'05

    DO NOT CONTACT HIM

    I REPEAT DO NOT CONTACT HIM !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!





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  • saileshdude
    09-14 03:27 PM
    Hi Abd,

    Can you send me the EVL format that you will prepate to respond to this RFE. You can take out all your personal info but leave the other wording intact. That would really help. You can send it to me via PM if you would like.

    Thanks.


    Here is detail. i changed job based on AC21 portability. Did not file papers.

    Please note that it is imprevative that timely response is necessary to ensure continued processing as visa is currently available for your case.

    A review of service record indicate that a form I-129 peition was filed on your behalf by "Previous Employer COmpany Name" was revioked on September X, 2009 . Therefore it appears you are no longer empployed by intended employer according to form I-140 immigration visa petition filed on your behalf.

    Please submit a list describing your employment history since your last lawful admission to US. This list should include name and location of each employer, job title, and duties, educational /training requirements, dates you held each position and salary/wage paid. The list should be supported by documenary evidence which establishes your employment history.

    Additionaly,you must submit a currently dated letter from your intended permanent employer,describing your present job duties and positioin on origanization, your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.

    Important: if you will no longer be employed by the original form I-140 petitioner, you may still be eligible to adjust the status under the visa portabilit provisions of section 106(c) of the Americal Competitiveness in the 21st Century act(AC21). Public Law 106-313. This legislatin permits certain adjustment applicamts to chnage employers without filing a new immigrant visa petition, provided they are

    The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a((1)(D)) and
    The application for adjustment has been pending for more thna 180 days and
    the new permanent position is in same or similar occupational classification as original employment.

    If you cliam such eligibilty, submit a letter frm new permanent employer, describing your present job duties and postion in organizatiom your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.




    :) Working with attorneys to get the papers ready....





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  • 24fps
    02-04 02:41 PM
    For people who don't know, Country Cap goes by Country of Birth , not country of citizenship...So if you are born in India but now you are canadian Citizen, you will still be counted as Indian for EB based Green Card allocation, isn't this a blatent racist agenda. I have a letter from Congresswoman Zoe Logfren's office, which clearly says 'I will work on removing arbitrary country quota on employement based Green Cards', we just need to pursue her...

    its not racism its just an old rule

    u can be indian but born in a different country and you could avail of ROW benefits, my friend is indian but was born in europe as his father was workin there at that time and then moved back to india and now he got his GC in under 2 years in EB2

    racism is purely based on your ethnicity





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  • mpadapa
    07-01 04:31 PM
    Online petition is a great idea. But what will it accomplish?? Ultimately all those questions have to addressed in the form of a bill and that needs to be passed in the Congress. Is it a coincidence, we already have a bill HR5921 addressing those questions raised by OP All we need to do is channel our energy to make this bill along with the other Rep. Lofgren bills a success.

    IV is already raising all those questions mentioned in the petition with the lawmakers. So what is new in this petition?



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  • drirshad
    08-07 07:26 AM
    Guys does RD change every time we get a I-485 notice. The first receipt I got shows correct RD as July 02, 2007 then the second notice that was send Oct 07 to say my case has been transferred to Lincoln has an RD of Sep 08, 2007 does this RD change every time the receipt notice is sent. Does it matter if it changes.





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  • saiimmi
    03-21 11:13 PM
    Optimystic!

    Did you see any LUDs on your 485 over the past few months?

    Thanks,

    Yes, I should have !! Its been a loooong Journey.

    I was stuck in backlog till Dec 06.
    Got I-140 approved in Jan 07.

    Then due to the lazy As*****s at the immigration firm that our company hires, who should have applied my I-485 in June 07 itself when my PD became current, but kept on procrastinating until got hit by July 2 fiasco. They didn't even were prepared to file on July 2nd nor on July 17 (though they had all papers from my end).

    Finally they applied I-485 on July 29th. (recpt dt: July 30th 07)

    Now my PD is current again in March and April...so finally I am getting somewhere near (hopefully)

    So first the backlog screwed me , then the attorneys, then the July 2 fiasco (making everything 'U' and then making everthing 'c' thus causing this whole another backlog again! )

    Anyway no hard feelings towards people benifitted by July 2 fiasco and who atleast got EADs. I hope I dont have to wait much longer :)



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  • bayarea07
    09-10 02:22 PM
    I do see some action now on http://judiciary.house.gov/hearings/calendar.html

    HR6020 is being presented right now


    I dont think its the Right Link the link that you sent has lot of action going on but
    http://judiciary.house.gov/hearings/calendar.html
    has people moving all over the place and no action





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  • sanju
    11-11 10:46 PM
    With democrats in control, at the very minimum we should try to push recapture of lost visa numbers. Tie that with the ability of immigrants to buy houses, we could have a game winner...

    As I said earlier, try something original. Do you know anyone on this forum who is oppose to the idea of recapture? You seem to suggest as if someone is saying "NO we do not want recapture". Is that what you think? And what makes you think that democrats will allow recapture? They have been in power in the congress for last 2 years. If they would have passed recapture, the current president would have for sure signed the bill into law. Democrats want comprehensive bill. They don't love any of us. Maybe, when they are passing comprehensive bill, and if they have some space left on the white paper, and they have nothing else to put in there, they may consider putting recapture. No matter how liberal we tend to be in our individual thought process and outlook, which generally is the tendency for most people in EB community to support democrats, the fact is, policies of Democratic party almost never support EB applicants. When Democrats have to chose between undocumented, family, H1 and EB applicant. We will be the lowest priority, or no priority. And because most of us inherently think/support democrats, we expect them to return the favor. "Wrong" expectation.

    And why blame EB community for supporting Democrats. Majority of population usually votes for candidate/party who has the policies to screw them. I mean, a lot of people who earn less then 40K vote republican, either in the name of religion aka conservativeness or whatever. Republicans give tax breaks to rich and screw the people who vote for them. Large percentage of Democratic supporters tend to live in cities or suburbs. They tend to earn more and are usually educated, for example, most people with college degree voted for Obama, and now Democrats will screw them for voting Dems in power by putting higher taxes on them. I guess, the rule is, parties who win elections have the onus of screwing the people who elected or supported them in the elections.

    I am merely trying to say that even if you tend to support Democrats, don't expect them to return the favor, but apply the general rule and get ready to be screwed for bringing them in power.



    .



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  • illinois_alum
    07-16 08:15 AM
    Your company should be quite rich to keep paying for EAD's and AP's you don't need, with their periodical extensions, and also for your H1 renewals....

    Don't know about his company...but the attorney definitely must be quite rich with all the legal charges :D





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  • bskrishna
    07-22 05:12 PM
    So there is a good possibility that PD will not go back much in October 08 for EB2 I. There are about 40-50 k visa nos. EB2 I nos seem to be 20-30 k from about mid 2004 to mid 2006. CIS is capable of issuing 25k visas a month. So this could really happen...

    if the visa nos left unused, spills over to FB, how the recapture bill can work, as the nos are being really used in FB. am I not seeing something here..?



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  • pkak
    07-13 11:45 AM
    They have no reason to pull the dates back. Most 2004, 2005, part 2006 people got to apply during the july07 fiasco. In the past, they have pulled the dates back if new applications flooded in when they pushed the dates up.
    USCIS will process in the following order now
    1. Pull out cases based on PD, review then approve/deny/RFE
    2. While waiting for RFE, process the next based on PD
    3. IF the RFE response window is outside of this fiscal, they will re-allocate the visa number to another approvable case.

    They will manage to process about 20k cases approving as many as possible by Sep30th2008.

    Therefore, only those with pending RFEs will be delayed into next year.

    USCIS is not all that inefficient or incompetent, not sure about DOS (to be fair, the Visa Office seems to have got its act together in the recent months)


    Where the visa numbers in Oct'08 will be will depend on how proactive IV is.

    Here is my take on the situation.

    DOS said that they used up 80% of EB numbers in first 3 quarters of Fiscal year '08, that leaves 28K (20% of 140K) visas available for last quarter of Fiscal year '08.

    Since higher priority categories are already current, this means that most of these visas have to be used by EB2 India/China.

    Hence DOS made it an option for USCIS to issue another 25K visas to EB2 India/China.

    See my analysis:

    I agree

    --------------------------------------------------------------------------------

    Quote:
    Originally Posted by justAnotherFile
    i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.


    Scanning the FLC database, 5978 Indian Labor applicants with Level III/IV wage rates benefit with this jump, vs 761 Labor applicants from China.

    Assuming one labor approval generates 2.5 AOS applications, and dividing the total AOS applications by 2 (attrition, I-140 denials, EB3 cases etc), approx 15K Indians benefit, vs <2K people from China.

    Add to this 04/01/2004-03/27/2005 Indian applicants whose labor cases were adjudicated by Backlog Centers (approx 6000 Level III/IV applications , assuming same ball-park as 5853 similar India applicants certified in Fiscal year 2006), approx 7.5K more Indian�s will benefit.)

    If USCIS uses these 25K visas, then in Oct'08, they get the first quarter allocation for Fiscal year '09, and my calculation shows that EB2 India/China will move to atleast Jul 1, 06 (based on 627 India/China Level III/IV labor approvals forthat period).

    If USCIS lets the 25K visas to go waste, then in Oct'08, PDs will move back to mid 04.





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  • syzygy
    09-28 02:40 PM
    What can be more racist and unfair than USA as of today when hundred thousands of people who already gave their youth energy to innovation are being made to live hell like lives? I am sure many of us will find medical repercussions of what we are going through in few more years and then we can frame GC or AP or EAD or H1B extension and stare at it from hospital beds :) Cornyn / Durbin is all BS, they just don't want people to settle here, they just want slaves. Rest all are hurdles and policies to close any possible open door for deserving.

    It's true that Europe can be a tough place, as can Canada or the U.S. to a newcomer. What is true about Europe is that it is a socialist place, salaries are lower, taxes are higher, racism is stronger, houses are smaller, yet you are also surrounded by beautiful places and there is a lot to do and see. It depends what type of person you are. Some Europeans hate Europe themselves and want to come to the U.S. as much or more than you did when you immigrated here. I'd say Europe is a good Plan B if all else fails here in America for you, and then you can always go back to India or China if you didn't like Europe.

    Hopefully we don't need to get sucked in by the Reverse Brain Drain and we can help Congress help us, by changing the law, and retaining the high-skilled legal immigrants like us who are suffering and stuck in backlogs, and which is the only fair thing to do!



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  • masaternyc
    03-16 05:55 PM
    Infinite_Patience_GC,

    Most of these labor substitutes are sold/bought by these so called software consultancies(illegal dhanda) to so called software professionals and should be investigated and prosecuted to the full extent of law.





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  • smuggymba
    09-10 06:06 PM
    As of 05/10 's inventory report - there were ~200,000 GC application pending across ALL categories.

    I expect they would have reduced this backlog by 40,000 in the last 6 months . Will be verified by the next inventory report due , hopefully next month.

    If they reduce the backlog by 40,000 "NET" per year , backlog should be over in next 5 years.

    If they open the flood gates and let more applications to come in then this NET reduction is not possible.

    more people keep of applying across all categories so the demand is not stagnant, it keeps growing.



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  • champu
    03-09 04:38 PM
    1) Massive campaigns won't do the job in fact they will do more harm then results particularly in this environments (learn from Hispanic community protests before CIR)

    2) Mr. Change alone don't have to do something about it? he can direct his DHS and CIS people to do their jobs.. just because economy of economy is bad that does not mean people stop eating food.

    3) We and institutions like IV needs to come up with agenda to lift this country quota ban (at least to eliminate this huge backlog)

    4) IV says they have agenda but nobody knows their laundry list agenda.

    5) We need to work for lifting this country quota ... this is the only way that things can become REASONABLE.


    Campiagn is needed but messages to be charted carefully.





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  • voldemar
    06-22 03:11 PM
    Can you please provide the link ?
    I refered to USCIS website but did not find a mention of copies of DL.
    There is no link - it's people experience. There are a lot of guys who got RFE for color copy. Search forums if you want proof.



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  • chaukas
    05-15 05:14 PM
    Sometime ago , I had seen Jack Welch's comments on this ( the last page in Business Week ) where he had mentioned that he respected people who have an online MBA bcoz of the fact that these people were handling a family , kids , a full time job and education, no mean feat ... and that he did not consider their MBA less than another MBA.

    To the person, who commented about their CIO being from Univ of Phoenix, I worked at a biotech where the CFO was an MBA from Golden Gate University ... You don't want to know where the company went.





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  • h1techSlave
    03-17 01:55 PM
    People with PD having DEC 2003 and before will have fair chance as well.

    Are you saying EB3-India visa date will be set as Jan 2004 by USCIS some time soon? I thought they kept saying that EB3-India dates would move very slowly only. So from the current Oct 2001 to Jan 2004 is a very long and narrow road.





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  • tejonidhi
    09-10 01:31 PM
    I am wondering when will they discuss about Humans ?:mad:





    mmanurker
    07-01 02:46 PM
    This is the response I got from NJ senator:

    Dear Mr. Manurker:

    Thank you for contacting me to express your opposition to Senator Bernard Sanders' amendment to the American Jobs and Closing Tax Loopholes Act of 2010. Your opinion is very important to me, and I acknowledge your concerns about this issue.

    The amendment offered by Senator Sanders requires employers to certify that they have not and will not lay off a large number of employees before they are allowed to employ foreign workers. I strongly believe that priority should be given to American workers. However sometimes there are no available American citizens to fill key high-tech or high-skilled jobs. It is important for us to make sure that American citizens are being considered first to fill these roles and that employers are not hiring foreign nationals while laying off our own citizens.

    Again, I thank you for sharing your thoughts with me. Please be assured that I will keep your views in mind. I encourage you to contact me if I can be of further assistance.





    new2gc
    06-11 08:43 AM
    They have given up looking for job because we (tax payers) are feeding them with unemployment benefits.......that are almost equal to normal wage of a hard working person..... whose fault is that?? Immigrants?? oh yeah..


    >>>>>

    Dear Colleague:

    Since the recession started in December of 2007, nearly 8 million Americans have lost their jobs and the unemployment rate has nearly doubled. In total, 15 million Americans are officially unemployed, another 8.8 million Americans are working part-time only because they cannot find a full-time job, and more than one million workers have given up ooking for work altogether <<<<<<



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