Friday, June 24, 2011

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  • gc_chahiye
    07-24 10:00 AM
    I applied for PERM in Sep 2006 - EB3 - India.

    I applied for I-140 and I-485 concurrently in Jun 2007.



    on what date in June? Were you one of the July 2 filers? Because you were
    not current in June, had you applied, your I-485 would be rejected.


    I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP.

    Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.


    no July filer has received a receipt for any filing, forget about getting an EAD within 2 weeks.

    I-140 premium processing was stopped in July, and in regular NSC has been taking 6-8 months.

    Nothing in your story is adding up...




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  • ags123
    03-07 02:07 PM
    Thanks Trueguy, I hadnt counted for the full financial year but had taken a small sample.
    The only things which give me hope on Eb2 I are:
    a) Eb2 I has always consistently moved forward but last year they had keep moving it backward in the first 6 months

    b)Even then in Apr 2008 Eb2 I recovered from U to Dec 03

    c) In Jul 08 and Aug 08 Eb3 ROW became U but Eb2 I increased all the way to mid 06

    Assuming they use up all the numbers this year i just cant see how Eb2 I can retrogress.
    (Big Assumption)




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  • addsf345
    11-12 02:07 PM
    Found some interesting explanation about New interpretations on section 245(k). This has 180 days tolerance even if you continue work without legal status when in confusion, like the one you asked for.

    LINK: http://indiapost.com/article/immigration/3783/

    "The Memo also contemplates the applicability of Section 245(k) with respect to a second adjustment of status application. For example, an alien filed Form I-485 while in H-1B status, the H-1B status expired and the H-1B status was not renewed because of the pending I-485 application and the EAD allowed the alien to remain in the US and continue working. Suppose this I-485 application is denied, and the alien finds that he or she is out status.

    If the adjustment application was denied within 180 days of the expiration of the underlying H-1B status, it may be possible for this alien to file a new adjustment of status application under Section 245(k) claiming that the violation was for less than 180 days."

    I don't know what happens to EAD when 485 is denied (some says it remains valid) but looks like you get 180 days to fight using an MTR.

    Gurus, please disect this if what I understood is true?

    found answer on Ron Gotcher's website: ONE CAN CONTUNUE WORKING ON EAD (http://immigration-information.com/forums/showpost.php?p=25197&postcount=3) according to this post.




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  • tinamatthew
    07-22 08:29 PM
    Tina,

    I had started a healthcare thread previously and it got poor response. Eventually we created an iv-physicians chapter to track our issues and work with the core team on the overall goals of ending retrogression.
    There are a number of efforts on to help Schedule A applicants, some of these are parts of more comprehensive efforts like Cornyn's recent amendment.
    I suggest you organize the Schedule A folks into a group. IV is very happy to work with any group that takes responsibility for their own needs.
    See this blogspot we are creating to increase awareness of physician shortages and problems: http://iv-physicians.blogspot.com/
    If you do form a group, try to expand it by bringing members in from outside iv as well- this would also expand iv's membership base.
    I will be happy to help you with anything you need based on our experience with iv-physicians so far.
    All the best!

    Paskal

    Thank you so much for your encouragement. We are hoping more people will join. If there is anything you can share to help improve us, please pm me and I will be very happy to take it on board.

    Schedule A professionals need as much help as possible



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  • geesee
    08-20 11:35 PM
    Here in NJ(at least in Somerville), they ask for H1B approval notice. No need to have the visa stamped on passport.




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  • willwin
    07-11 09:30 AM
    If that is the case, why is there a big movement? I am assuming that the Jul 07 backlog has been significantly reduced and hence this big movement. Correct me if my assumption is wrong.

    Yes, your assumption is wrong. The dates move when USCIS doesn't approve many cases ina month. That leaves DOS to believe that there are no enough demand and hence they move dates forward. but as I said, I am very positive that the movement is to facilitate CP to approve cases. I wont be surprised if they move EB2 further next month.



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  • diptam
    07-06 01:04 PM
    He is a excellent lawyer it seems , may be i'll hire him ...

    What is his name , is he/she a AILA member ?


    My lawyer told me that they are working on something to accept all applications which reached on july ... lets hope he is right.




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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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  • gbof
    02-08 01:59 AM
    Unfortunately, I had to deal with my so-called high society, dim-wit, shame-less, tradition-less-good-for-nothing in-laws (my wife's parents n all). They wanted me to run their family too and were becoming a kind of big emotional/medical liability and financial burden on me (although, they had ALL resources and I assume LOT of money too. After tolerating and caring for nearly a decade, I HAD to DUMP them 9-years ago (after I landed in US) as they were becoming too much for me. They will care only for their own-self (will never bother to see even if you like it or not), will never care if it will be convenient to me in high demanding professional job. They will never shy an opprtunity to brag, steal/rob credit for anything even not remotely linked to them and were simply loose-mouths.

    They could dare not to open-up again. But this 'Dumping' slowly and gradually has affected my family life. I really donot understand what tradition-less craps in the society there or here finally gain...If they are not capable of rejoicing the prosperity of their own daughter's family. I believe, it is actually not so common as any normal well thinking individual will never ever do this. I can never think even in worst of my times, if I can do any of that stuff to my two growing up daughters. Well this is first-ever I opened my heart anywhere..

    I only pray 'God bless our family (GBOF)' as you see in my IV-handle
    ..gbof..




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  • Milind123
    09-14 10:59 AM
    A quick message and request�
    I did not check all the posts today. Will tend to it in the evening. If it disappears off the screen, someone, please bump it. Thanks



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  • Bodran
    06-01 01:11 PM
    Hi All,
    I want to know if my 19 year old son can be affected by aging out.
    I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
    Can someone who understands the aging out rules tell me if my son may have a problem?
    Thanks in advance...




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  • gc_on_demand
    12-11 05:06 PM
    Administration may not want to add that right now. I had poll long back to find out many of us are interested into it . Only few replied , with limited resources we cannot achieve any thing.

    IV core had same and similar job , AC21 on agenda for this year's agenda. FOIA was small side project at that time.

    Now coming to main point ... We see so many news that CIR is coming in early 2010. Administration may not want to add pre registration at that time when CIR passes and all dates become C for 2- 3 years. Then this pre registration will not help as long as you have labor approved. Whole admin fix is based on rule making process and that takes near to 6 months. Also new forms and new memo to all CIS dis offices. Way too for CIS my friend. They can be only on track with new process after year.

    If we could have done that last year then it might be helpful. Even I recently did some research and found that Pre registration process that those lawyers talks to attract us is for H1B. CIS wants to implement for H1B and then try out for other non immi worker category and then for Green card applicants. I bet you we will get GC by then.

    So we can contribute to IV and have IV to work on our stuff. Removal of country cap , STEM , Recapture etc.. That should easy line for all of us ( EB2 and EB3 )



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  • ramus
    06-02 04:54 PM
    Southsky.
    Nothing going to happen just with Pray.. We need to help our self.. Please contribute to IV and also send web-fax..

    We have to do this now or it might be too late..

    Please ask your friend to join IV.


    I received good news on June 1, 2007 that my I-140 is approved. It was received by USCIS on May 22, 2007. Then later that day I saw the new immigration bill. If this very unreasonable bill (EB backlog) will be passed the wasting of all the money, time, stress, anxiety and hope towards the GC procedure will make the whole thing look like a bitter joke. This is beyong my wildest imagination on how bad things can go since we are all hard-working and law-abiding legal immigrants. Is it a punishment for being a good member of society?

    I'm praying that it will not be given any consideration by those who have powers.




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  • Raju
    07-06 01:35 PM
    66K plus 60K still only makes 126K, do they still have another 20K or so? How does the math tally here?

    I think this all boils down to them wanting to clear the 485 backlog without accepting any more 485s all while not wasting any visa numbers for this year.
    In an effort to juggle all these issues, they screwed it all up.

    Bottom line is they want to streamline the system such that they don't have "unapprovable" 485s in the system. They have caught on to the way the lawyers and us legal immigrants were filing 485s to get our foot in the door then sitting tight for eons. They simply don't want that. They either want you here on a visa or on a green card straightforwardly. Thats what I am getting from all this.

    There are about 18K CP cases.



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  • diptam
    08-10 01:52 PM
    I talk in USCIS standards. They mentioned in last weekly report that they are compliant till 7/1/2007 but actually that was 6/29/2007.

    Nothing happens in weekend - so i mentioned Aug 12th as Today's date :D

    What are you smoking?? Its Aug 10 today..




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  • illinois_alum
    08-12 12:36 PM
    Not true. Whatever they can outsource, its already gone. There are certain position where the clients demand onsite resource. I am not supporting this bill in anyway, I hate infy as much as I hate this bill. Remember these companies did not leave any stone unturned, milked the client every possible way and expoilted the employees to the maximum extent. In one another post - VLDRao was saying these companies does the tax filing on behalf the emoloyee, get the refund and again claim that tax in india using double taxation aoivdance treaty.

    This was a practice only done by TCS a few years ago. And even that has stopped now (albeit because of a lawsuit filed by some employees)



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  • JunRN
    10-03 10:56 PM
    Concurrent filing can be done by anyone with approved Labor Certification. Schedule A applicants already have pre-approved LC.

    This means, that not only Schedule A can file concurrently but also others as well.




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  • psaxena
    03-03 01:42 PM
    The first bulletin with Eb1 and Eb2 spill over.
    Last year:
    Mar 2008- India Eb2 U
    Apr 2008- India-Eb2 01 Dec 03

    This year may be:
    Mar 2009- India Eb2 15 Feb 04
    Apr 2009- India Eb2 28 Feb 05 (My PD :))

    What about EB3, any predictions????:)




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  • bigboy007
    06-02 03:21 PM
    But all this applies to New cases right [dual intent option ]???? i still wish its after oct 2008 but as it reads it May 15 2007.

    BTw where does it say H1B is not dual intent ?




    sw33t
    09-12 12:26 PM
    Thank you milind. Your initiative is much appreciated.




    hazishak
    07-18 07:19 PM
    What if out of all 10000 , 9999 don't have priority date current.Do you think they will still not look at the 1 in the pile which has a current PD.They will look at it , Even if it is number 10000 in the list.Actually there will be no pile because 9999 people won't even be in contention.
    Why do you think labour substitution was so HOT?Just because by getting an earlier PD , you were going to steam roll everybody who filed before you , just because you got an earlier PD..

    PD has to be current in order to get the RD advantage.



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