Thursday, June 9, 2011

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  • ksrk
    02-19 08:38 PM
    I am hoping they just dont tie EB2 I and Eb2 C at 15th Feb 2005 in April 2009.
    Previously we have seen bulletins where Eb2 I and Eb2 C have tied up at 1Apr2004.
    I dont know how many iterations it will take before it reaches the RIR/PERM boundary(1 Apr 2005)

    We know predicting visa bulletin movement is next to impossible (for anyone) with even a semblance of a proven record (over a long period of time)...
    But we still can't turn our heads away and resist the temptation to make an attempt, so here goes...for a tickle, if not anything else...

    If previous years (particularly last year) are any indication, since EB2-C has been leading EB2-I for the first two quarters of the FY, it appears that they will tie up at 15FEB05 - IF there was any logic to this...

    Now, we know there is no logic or method to this madness - so it might well move further or not move past 01APR04 or not move at all. Three more weeks and we'll know!

    Good luck everyone - and don't hold your breath!




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  • qualified_trash
    01-03 03:58 PM
    I think it is the perspective that has changed. Until 2 years back we were ready to die to live in this country, we thought our country was crowded, polluted etc. etc. Things haven't changed much there. It's still same, criminals are still the most powerful, power, food & Shelter is still scarce, poor count hasn't decreased. It's just we are not seeing now 'the dark side of the moon'. There's no doubt our American dream is screwed up big time. We have ruined the best times in our lives. Out of these 1 million Visa holders, 1000's would have been entrepreneurs, artists, etc. etc. but this green card chase has beaten us down to H1B Visa holder forever.
    my contention is that if you had stayed back, you would not even have what you have today.

    assuming that 1000's would have done something better is a VERY big assumption.




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  • lelica32
    12-10 04:19 PM
    I'v send a letter today. Let see if the Ombudsman will send me a answer.

    I received a answer after 2.5 months.
    The Ombudsman said, Proccesing times August 2, 2007, EB3 ROW, my I-140 is processing on time. My I-140 EB3 ROW was filed on August 22, 2007.




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  • ashutrip
    06-27 05:56 PM
    Congrats skillet! Really great news!
    Any march approval?



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  • eb3_nepa
    07-05 11:51 AM
    Pl create a webfax that I can send to my Senator or congresswoman. Or create a package that we can print and mail to the senators/reps.

    Pappu bhai do something regarding this.

    Rax1, why do you need PAPPU to do something, why can you not call and Fax something yourself? Are you not proficient in English, are you not educated enough.

    Can you not write a ONE page letter spedifying what happened on July 2nd and how it affected your life and that of your family? Can you not call your local senator and congressperson and educate them about what went down on July 2nd?

    Come on people, if you want JUSTICE, get up and do something YOURSELF. All we are asking you to do is Write ONE page letters. Does The IV core have to spoon feed us EVERYTHING? If you are busy ask someone in your family to do this for you.




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  • gc_check
    07-20 11:53 PM
    Any one recently re-financed or obtained a mortgage loan with Bank of America or Wells Fargo. Both the banks denied loan stating not having a valid visa as a reason, though I have approved EAD with 485 pending and I-140 approved. I have contacted the customer support, since the loan was through the mortgage broker. The underwrite appears to not accept EAD as a valid status and asking to provide a copy of visa to purse further. Any one have any specific docs / links that might help other than the ones in this thread.



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  • gctest
    09-15 04:19 PM
    That memo/document you pointed out is an interpretation. We have already said that USCIS's interpretation is incorrect. We intend to correct this interpretation with this lawsuit.

    Infact, it would be wrong to call this a lawsuit.

    We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.

    If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.

    The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.







    Incorrect.
    Please read this pdf document
    AFM Update: Chapter 22: Employment-based Petitions (http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf)

    Please pay attention to section (3) Priority Date Based on Earlier Petition on page 28 -
    ----------------------------------------------------------------------------------------
    If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
    For example:
    Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
    --------------------------------------------------------------------------------------

    I suggest, you talk to an attorney before using words like illegal. It may be unfair, but still be legal.


    _____________________________________
    Proud Indian-American and Legal Immigrant




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  • bigboy007
    06-03 01:35 AM
    I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :

    Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.

    Here it goes :

    There are two important sections of Student visas.

    this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
    ================================================== ====

    (c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
    14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
    15 is amended—
    16
    17 (1) by striking the parenthetical phrase “(other than a
    18 nonimmigrant described in subparagraph (L) or (V) of section
    19 101(a)(15), and other than a nonimmigrant described in any
    20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
    21 such section) " in the first sentence; and
    22
    23 (2) by striking “under section 101(a)(15)" and inserting in its
    24 place “under the immigration laws.".
    25
    26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
    27 Subsection (h) of section 214 of the Immigration and Nationality Act
    28 (8 U.S.C. 1184(h)) is amended—
    29
    30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
    31
    32 (2) by striking “if the alien had obtained a change of status" and
    33 inserting in its place “if the alien had been admitted as, provided
    34 status as, or obtained a change of status";


    ================================================== =====

    what does (c) in Student visas do :

    214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.

    As stated in US code of Law this is what it is :

    ================================================== ======
    "Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."

    ================================================== ======

    By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.

    Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.

    This is how : when (d) of the above Student visa section is applied this is how it turns :

    This is from US code of rules pertaining to 8 U.S.C. 1184(h)

    (h) Intention to abandon foreign residence
    The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.

    ================================================== ======

    Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.

    based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.

    Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we seeking GC.

    Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.

    *******************

    But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.



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  • sunny1000
    04-30 05:01 PM
    For all those who are upset with the House hearing, please take it easy. Please do not expect the hearing to discuss the details of each and every GC applicant's case. The objective of the hearing was to bring the folks involved in visa bulletins and GC processing, and make them all publically say and agree that Lofgren-Sensenbrenner bill will not flood the country with new people on the borders but at the same time since the federal agencies did not do their job properly, so it would make sense to recapture the visa numbers, and that's it.

    I think that this objective was achieved pretty handsomely without much opposition. So everybody was on the same page, other than Ranking member King, whose job in such meetings is to oppose whatever the committee chair is proposing. Rep. King did not have much to say as Rep. Sensenbrenner has co-sponsored the bill. Noticeably, Rep. Gutierrez supported the bill, which means Hispanic Caucus may not oppose it either, hopefully. So it was all good.

    Hope this comes true.




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  • kevinkris
    05-23 02:10 PM
    Subscription Payment Sent (Unique Transaction ID #9AK05597S18798425)
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  • jhokimi
    05-23 03:12 PM
    LCA filed in DC on 04/28/2004. 45-day letter received last Friday from Philadelphia BC.




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  • arunmohan
    01-03 05:59 PM
    i came to US in 1999.since 99 i gave my half of the savings for expenses of my father like my sister wedding ,bought a new car and others which my dad think should be in the house as his son is in US(social status).if i would be in india i would never had think of that.for me GC is freedom card to change job ,my wife can work and i live happy life.I think now it is not possible for me to work in india inspite of tremondous growth.as the expectation of the family members is too much now and because those must be the first one whom i have to explain that why i am coming back to india.so i think there is no way going back until you are forced to do that.i don't miss my family as i talk to them daily and i can ask them to travel here any time i want.its not 60s and 70s in which you have to think several times before visiting india.so my suggestion whatever the decision you make just belive in yourself.explore all the options before making any decision.



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  • diptam
    09-26 02:34 PM
    I did that earlier ( banging on CM's door) in May 08 after my 140 was pending for 1 year... They said unless this is a emergency , they cant help at that point - however they helped me to get my H extension approval ( which was also pending for 5 months :( that time and I could have been out of status in another 3 months)

    This time i'm waiting for 17 months and the wall street financial crisis arrived. So i wrote to my Local Congressman and state Democrat Senator stating that " I could lose my job and even if there is a job available in the same state - i might have to relocate with my family or sit unemployed... However if 140 would have been approved On time - i could switch to another job quickly because no one is available or qualified to do that"

    I also mentioned them the issue of NSC approving cases from June - Nov 07 and some as late as 2008 in the Eb3 category and only Apr-May 07 cases are somehow shelved off ....

    here4gc- What was you Eb category and when did USCIS received your 140 and which center Nebraska or Texas ??

    Guys..I just recieved my I-140 approval..last week..shocked, surprised..but trust me..this works..hope some people remember about a similar campaign I had initiated a while back..I sent letters to Zoe Lofgren, Ombudsman, USCIS director and Ted Kennedy..apart from contacting my local congressman...

    Goodluck guys!!! I sincerely wish everybody speedy approvals!!!!!!




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  • badluck
    07-06 01:58 PM
    me too. Personally I think Australia might have better weather but Canada is closer

    why not our motherland INDIA



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  • insbaby
    08-13 03:58 PM
    We can write letters, emails, fax, contribute to IV but nothing is gonna help. This is the fact!

    Yes. It may help, but EB3 is not the one who is going to get any piece out of it, as EB2 is increasing in huge amount. Even if it is CURRENT for 10 years, thats not going to help anyone below that level as everyone will qualify for EB2 in future, almost all the future candidates will have minimum of 5 years experience.


    1. Live with this. Don't come to any forum, don't think about VISA bulletin. Take your Gc when it comes to your doorstep. May be by then, we may not need it. We may be tired of being on the same job and GC may not bring any
    motivation to our career.

    Well, if one decided to continue the process of waiting, there won't be any career to talk about at the end.


    2. Move over to EB2 - If possible, take all the pains of changing job, place of living, unpredictability in PERM queue and I140 queue and move over to EB2. But you never know. One of our Indian brothers might have just won a lawsuit to stop us from moving over!! In that sense, EB3 I is worst than illegals. Least wanted legals in the USA!!

    Not possible for all to go to EB2 as most of the companies hesitate to spend huge amount again and same is applicable to the individual too. It may not be worth at the end to spend another 5K on this. Well said, we should then fight with our own friends (because they may not like us to get the Lion's share) before going to DOS and USCIS.


    3. Get out of this country - Give up the American dream and come to reality and start a new dream. May be Canadian dream or Australian dream...

    I am waking up from 'abroad' dream. The real dream in front is "Home", without any issue that works for me.




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  • priti8888
    07-23 06:30 PM
    This is aboslutly not possible; he/she is trying to fool every one. Before retrogression, the last date to file a 485 for a EB3-Indian with PD 08/2004 was 12/31/2004. From Jan 2005 till July 2007 EB3 Inida was retrogressed for his PD. So he/she could not apply 485 in Feb 2005. The other optins could be he/she may be in EB2 catagory or a Schulde A nurse.

    I was in similar time frame; So I know the date well....




    correction..I got the EAD in Feb 05, My RD is Dec 04.



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  • Guest007
    06-29 02:43 PM
    I'm really hoping they'll catch up and we won't have to wait 4 months. My 6th year H1 is expiring this December and I need to get the I-140 approved so I can get H1 extension.
    You dont need a approved 140 for filing H1 extension for 7th year.. Only advantage with approved 140 is you will get 3 yr extension instead of 1.
    All you need for H1 extension for 7th year is that a labor cert be filed at starting of 6th year.




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  • akred
    01-06 04:00 AM
    He is saying what is the truth. Do you believe that Indian universities are as good as American? If so, why do we come here?


    Simple answer is jobs in the US pay better than jobs in India, therefore people come here for the economic opportunity.

    As far as Wadhwa's statements disparaging the quality of Indian education go, he is looking after his interests. He runs an engineering program at Duke and needs to keep students interested in enrolling. How many students will keep enrolling once they find out they are being royally fleeced by American universities and that they could go to India and get a equivalent or better degree for a fraction of the price?




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  • americandesi
    06-25 05:35 PM
    I agree with mpadapa,albertpinto and other folks.

    US is going to gain something.

    - We are staying in the apartment more than 8-9 years, we want to live in the own house but we cannot buy a house.

    - We have some idea and we want to implement it but we cannot do it.

    - We want to send our kids in the private school but we are sending in the public school and charted school.

    - We want to go for MBA/Higher education on own expense but we cannot do it.

    - We want to buy 57-60 inch LCD TV and other luxorious items but We cannot buy it.

    - We want to go on the Vacation/Home country but we cannot go.(Visa restriction for people whose H1 is expired or working on the EAD)


    Money is required for all above items. Each item will give at least micro level boost up to the US economy. But without GC we cannot spend/invest our hard earned money. Because we don't know what is going to happen of our status tomorrow.

    Another most important things, when we came to this country most of us were mid twenties and now most of us are mid thirties. We earned money but we gave best of time of our life to this country.

    I would like to share some real life experiences from my friends so that we can debate the questionable topic of what America is losing by prolonging immigration benefits.

    1) Friend A – (Current status - H1B) Came to US in 1999 for his higher education and later joined a Fortune 500 company on H1b. In early 2006, he quit and started a consulting company with his GC friend and transferred his H1 to the same company. He applied for his I-140+I-485 during the July fiasco and got his I-140 approved in May 2008. Currently there are 15 employees working for his company and the annual revenues stand at around $1 million. He is also planning to start offshore operations in the near future.

    2) Friend B – (Currently in India) – Came to US during the Y2K era and later joined a Fortune 500 company as a consultant on H1B and immediately purchased a 3 bedroom home. He stayed in one of the rooms and leased the other 2 rooms to his friends and used the rental income towards mortgage payment. Four years later he sold his home for a hefty profit, left for India and started an offshore consulting company.

    3) Friend C – (Current Status - TN) – Came to US during the Y2K era on L1 through a top MNC from India. Since his employer wasn’t sponsoring his GC, he applied for Canadian PR and got the same by 2003. He relocated to Canada, got his citizenship and joined a Fortune 500 company in US on TN visa. He’s not bothered about US GC at all as his Canadian passport provides unrestricted visa free access to 125 countries around the world.

    4) Friend D – (Current Status – H1B) – Currently works for a Fortune 500 company as a consultant on H1B. He lives in a posh apartment and drives a Mercedes C class sport sedan though his GC process is not even initiated.

    5) Friend E - (Current Status - US GC holder) - Came to US during the Y2K era and got his GC in 2003. Currently lives in a single bedroom apartment with his wife/kids and is known for frugal life style in spite of living in US for almost 10 years. So much is his frugality that he postponed purchasing a $500 worth laptop for many months so that he could save money towards his India trip. He still drives a late 90’s run down Honda Civic.

    6) Friend F - (Current Status - US Citizen) - Came to US during the Y2K era and got his GC in 2002 and US citizenship in 2007. Currently earns close to $100K, but still lives in a single bedroom apartment with a frugal life style. As far as I know he had never washed his car (late 90’s Honda) and avoids eating out.

    7) Friend G - (Current Status - US Citizen) - Came to US during the Y2K era and got his GC in 2002 and US citizenship in 2007. He purchased a 3 bedroom home even when his I-485 was pending and currently lives a normal life style just like many of us and plans to retire in India.

    Hence the underlying fact is that, there’s no relationship between a person’s immigration status and his/her contribution to America and it’s crazy to believe that people will go on a spending spree or start companies as soon as they receive GC’s.

    BTW I’ve got a Home Theater at my apartment and my current status is H1B with pending I-140 + I-485 :)




    Libra
    09-11 11:30 AM
    OMG, thank you so much coopheal. :cool:


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    Cannot come to rally because of personal reasons. Feeling terrible about that�.

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    Jimi_Hendrix
    12-12 07:13 PM
    We are in successful talk with an Associated Press reporter who is interested in writing about our problems. I am planning to schedule a meeting with this reporter in firsts week of January based on her availability.

    It is a small win.



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