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  • singhv_1980
    01-28 01:46 PM
    I came across a couple who got their H1B approvals last yr with in 3 weeks to each other. One of them was in PIMS and other one not. So I feel approval date does not seem to be a criteria to base these delays upon.:confused:

    Good Luck to everyone including myself!:(





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  • Ramba
    08-21 12:46 PM
    Yes, the same law can be interpreted like this:

    EB1-ROW unused visa will go to EB2-ROW
    EB2-ROW unused visa will go to EB3-ROW

    Same for each country.
    But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?

    So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.

    So where is the correct interpretation? Does any body know?

    Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.

    This was the law till 2000 (vertical spill over). After 2000, because of AC21, the INA got changed to horizontal spillover. This means each employment catagories are seperatly free from country quota if demand is less than supply in each catagory. If you analyze word by word in the language of the AC21 act, you will understand. Unfortunally (fortunatly for EB3) DOS has not interpreted the law correctly till 2006. Now they are interpreting correctly.
    5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-



    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) ]for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.





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  • pappu
    01-07 07:11 PM
    LETTER TEMPLATE #2

    <<Date>>

    The Honorable George W. Bush
    President of the United States
    The White House
    1600 Pennsylvania Avenue NW
    Washington, DC 20500


    Dear Mr. President:

    I write today to urge you to fix America's broken legal employment-based immigration system. Currently, more than 500,000 skilled individuals who contribute to the American economy through their hard work in high technology, scientific research, medicine and other fields find themselves trapped in a process that is hopelessly backlogged.

    If nothing is done, hundreds of thousands of immigrants will wait years or even decades in a process that was never intended to take so long. While comprehensive change will require legislative action, your administration can implement administrative remedies to improve America's competitiveness, eliminate bureaucratic inefficiencies, and improve the quality of life for these legal, highly-skilled immigrants.

    Sir, I came to the United States of America <<NUMBER>> years back. I graduated from <<UNIVERSITY>> with a Masters in <<FIELD>> and I have a Bachelor’s in <<FIELD>> from <<UNIVERSITY>>. After completing my Masters, I started working for <<COMPANY>> in <<YEAR>>. I am currently working as a <<POSITION>> with <<COMPANY>>. While in many respects I live the American dream of participating in a thriving economy, the dream is still incomplete because under the work visa provisions my wife of <<NUMBER>> years cannot work inspite of having a <<QUALIFICATION>>. Many people I know are contemplating moving to other economies of the world to take advantage of a fairer immigration policy. In other circles I am also aware of developing nations trying to lure back their citizens to boost their Research and Development potential.

    Attracting and retaining the best and brightest minds from around the world is in America's best interest. In February 2006, your Domestic Policy Council issued a report on the American Competitiveness Initiative that recognized the importance of employment-based immigration. The report stated: "The President also recognizes that enabling the world's most talented and hardest-working individuals to put their skills to work for America will increase our entrepreneurship and our international competitiveness, and will net many high-paying jobs for all Americans. The United States benefits from our ability to attract and retain needed immigrant and non-immigrant students and workers, and it is important that America remains competitive in attracting talented foreign nationals."

    You can advance your stated objective by making common-sense administrative reforms to fix a system that is clearly broken. Implementing much-needed reforms will also free government resources to focus on pressing national security matters. For example, current rules require the Department of Homeland Security to renew the Employment Authorization Documents (EADs) of hundreds of thousands of legal immigrants each year as those immigrants wait for green cards and permanent residency in the U.S. Rather than renew these EADs annually, the government could renew these documents every three years, freeing countless hours that could be better spent serving the Department's mission.

    The greatest impact of the broken green card process is borne by the legal immigrants and their families. There are more than half million highly-skilled legal immigrants already working productively in the United States who find themselves trapped in a system that is taking years longer than intended. During this wait for a green card, these immigrants remain trapped in a legal maze, unable to change jobs - even within the same employer - without starting the arduous immigration process over again, and subject to waits that grow longer and longer.

    We implore you to exercise your authority to implement administratively these much-needed reforms.
    Recapture administratively the unused visas for permanent residency to fulfill the congressional mandate of 140,000 green cards per year.
    Revise the administrative definition of "same or similar" to allow slight additional job flexibility for legal immigrants awaiting adjudication of adjustment of status (I-485) petitions.
    Allow filing of Adjustment of Status (Form I-485) when a visa number is not available.
    Implement the existing interim rule to allow issuance of multi-year Employment Authorization Documents (EAD) and Advance Parole.
    Allow visa revalidation in the United States.
    Reinstate premium processing of Immigrant Petitions.
    I earnestly urge you to implement these administrative remedies without delay, otherwise many immigrant families who came to USA legally to become a part of the “American Dream”, will continue to stay in a limbo. Your help is urgently needed. Your action will also fulfill your stated goal of attracting and retaining highly-skilled legal immigrants from around the world, eliminating bureaucratic inefficiency, and improving the lives of future Americans already living and working legally in the United States.

    Thank you for your attention to this matter.

    Respectfully,





    <<Full Name>>
    <<Address>>
    <<Phone Number>>





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  • Saralayar
    01-15 01:06 PM
    Search for Citizenship also. It is posted in the Homeland Security and Foriegn Policy.
    IV members, Please go to chnage.gov and vote for my idea. No one has gone and voted up for this yet. Wakeup please. Go and vote for a good cause.



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  • mallickarjunreddy
    03-26 01:33 PM
    what happens if ur wife gets hired by CAP one and she has problems after getting into a organization .. so i think you can think about fighting but also look for other options and would u do the same thing if you were in India assuming u r from India or just move on



    Right but the here problem is that how to come up with written evidence of discrimination? These jerks do not send you an email "Hey, we do not consider EAD". Their pattern is generally as under.

    You get an first email for their interest as your resume matches teh job
    description and they want you to spit out everything in your reply
    Say you have written " Authorized to work for Any employer in USA" for
    work status, they do not communicate to have you spitted out specifics.
    They call you. If you do not spit out, they would not go ahead. If you spit
    out "EAD" smart ones do not even talk further and you find all
    communication stopped. Now this is my own experience. Tell me how can
    I convert this into "evidence of discrimination". Even if I have tape
    recorded conversation, that guy did not utter any single word after I
    spitted out "EAD"





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  • PDOCT05
    10-08 10:34 AM
    I am july 3rd filer, still waiting for receipt. In your e-mail you said there was LUD on your I-140 date 07/28. What it means...did you file I-140 and I-485 together? is there any connection in getting receipt of I-485 and LUD on I-140, just curious becasue I am also seeing LUD of 07/28 on my I-140 but my I-140 got approved in 2006.

    Waiting for reply.


    I am also july 3rd filer with I-140 LUD of 7/28. What i believe they touched our application on that day.My 140 also approved on 2006.



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  • vkrishn
    09-11 02:05 AM
    Got an InfoPass scheduled, and created a SR. This is taking way too long, and now April + May approvals are rolling in...

    jazz

    I am sure you will get it. Response to a SR takes about 10-15 days. I opened my second SR on Aug 30th and got the response today. I was approved on Sep 7th.

    Things i did from Aug 1st:-

    Congresswoman (Zoe Lofgren): Her office helped me getting the PD correct in the USCIS system. When i made requested Zoe's office to enquire about my case they told me that PD is Feb 2007 instead of Feb 2006. I gave them my I140 and her office contacted NSC and NSC corrected the PD.

    Ombudsman: Sent Email on Aug 10th and got a reply on Aug 11th that they will enquire with USCIS. Got a call from USCIS that my case is in transit.

    AP approved on 08/26 and Soft LUD's on 08/27 and 09/02.

    Attorney made a enquiry on August 25th about I485 with USCIS and was told to waiti 30 days.

    Sep 7th: I485 approved.

    Check to make sure your category and PD are correct in the USCIS system. Just to make sure.





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  • rodnyb
    04-01 01:11 PM
    Theoretically, you are right. If DOS sees no demand per CIS, they should make it CURRENT for EB2 I/C (assuming they did clear all pre072007 inventory)

    This is why I was saying, they just need to add a couple month to keep the pipe full.
    Also, per law, they don't have whole 2800 to approve in a month, or a day, they have to do it by quarters. So they don't even need 2800, if they have only 800 EB2I in inventory (demand), they don't have to make it CURRENT.

    I would hope CIS inventory can how which are pre-adjudicated, which are new, which are RFEs though. Their numbers are always bigger than DOS demand, so I would think DOS has a better picture which CIS is providing (or at least estimating on a formula)

    If it is the law that they need to make it current, then if they don't, they are opening themselves to a strong possibility of a class-action lawsuit.



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  • abuddyz
    01-22 09:28 AM
    worst case? yes.. it's mine..

    My H1 revalidation appointment was on the 12-Dec. Visa was approved immediatly but haven't received the passport yet. I receive the same response when I call.. that its under PIMS verification. No ETA of when I can expect it to be done..

    I had a H1 transfer to a new employer and 3 year extension happen at the same time. I am not sure what the problem is and what I can do. I am totally stressed out and really depressed ..

    If someone has done something thats helped their case move along.. please PM me or reply to this post.. Thanks !

    can you please let everyone know when was your H1 approved? (that will help decide the pattern for passport delay due to PIMS..)





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  • desi3933
    08-07 01:31 PM
    Yes, I agree that not filing GC earlier is not an excuse for MBA. The point is he still would have been in the same situation (EB3, 2003 is not too different from EB2, 2005) in terms of how fast he will get his GC..

    It is really better. He can recapture his old eb3 PD after getting approval for eb2 based I-140 for the manager job.

    Law provides equal opportunity to everyone for PD recapture. This is my point.

    And, for those who are going to argue that no one is going to file GC for him in 2003, this is not a valid legal arguement. Granted, it may be a emotional one.

    On a related note, how many people REALLY agree that GC is for the future job? But they never dispute that in court of law because it does not hurt their case. Anything that hurts their GC cause makes them victim and root cause for gaming the system.

    Have a good day!



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  • JerseyCouple
    01-05 12:33 AM
    -interviewed on 28th Dec
    -officer said that I will have to wait at least 48 working hours for an approval email and on receiving email should submit the envelopes given by them, copy of I-797, copy of approval email.
    -havent received any email as of today - 5th Jan 2008.
    - Does anybody know if I will face further delays since mine is an Adj of Status case ?
    - wish I had got my AP before I travelled, unfortunately had to come due to some urgency..


    JerseyCouple
    I-485 receipt date - July 2nd 2007
    I-140 approval - Jan 2007
    EB2/PD-Sept 2003
    did not apply for AP since I got the H1B extension till 2010 based on approved I-140





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  • pani_6
    08-21 07:34 PM
    We got another 20 days..want to send out flowers..to whom??.what message??.



    Guys,

    Can we atleast do a flower campaign than discuss over and over the same points. I see this is the only EB3-India thread thats going over 5 pages of late. I have sent 6 letters to the dept, Ms. Joe,John, USCIS etc.. and today I am sendning 6 more cards with some message to help EB3.
    I also contributed $100.00 and IV should get it tomorrow or Saturday.
    Please send card, messages emails, whatever to make EB3 also to catch up with EB2.

    Please do something before its too late. I am very hopeful something good must happen in Oct.
    We need more push from Core IV.


    Sri.

    Contributed $100.00
    PD 01/04
    EAD/AP/485 July 07.



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  • ash27
    06-12 07:40 PM
    Ganguteli, why do you keep on questioning everybody's intentions all the time. the other day, I had posted about L1 exploiting the loop to file GC in EB1 and your answer was plainly stupid and irritating - "I would have done the same thing if I had a chance"....

    There is nothing wrong in exposing any kind of visa fraud...I came here on F1 10 years back and still in line for GC after getting masters from a decent school and working with major employers. What is wrong in making sure that it is FIFO....





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  • punjabi
    03-29 05:43 PM
    I am not an expert but I have a hunch that EB2 India will progress to Jun 1 2006.


    Based on your calculations , Experts, please let us know what to expect, if 12000 GC are released for EB2. Where will the cutoff come and stop..
    Can you please post that link that shows how many are waiting year-wise.



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  • ajay
    01-18 11:30 AM
    I voted for Citizenship if you have lived legally in this Country for 10 years continuously, although I will be completing my 10 years next year only. Good luck to all those aspiring this.





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  • l1fraud
    06-10 10:08 PM
    Whatever Dude!

    I have heard that story before. Ask your bosses at losers guild to teach you better stories to blend in with us.
    If you are really sincere, why don't you send your name, phone number and employer name to IV and IV will put you in touch with the right people to complain?
    No point trying to hide your identity and faking your own convictions.


    I can send all the details .. including the evidences, can u assure me of anonymity and protection under whistle blower category ??? Dude r u kidding me ... we are talking about a complaint against a Billion Dollar firm and its resources.. do u expect me to give the details in this open forum ... BTW do u still think that I am tunnel rat???



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  • gc_hopful
    05-25 09:22 PM
    GCWaiter03 - Thanks for very much.
    Can she go back immediately after filing I-485 to come back in August.

    gc_hopful





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  • asanghi
    01-24 01:18 PM
    Why don't you use direct flights to India. There is Continental from NY & American from Chicago to Delhi everyday. If you directly book from their websites, the prices are quite reasonable. At least American I know also serves Asian Vegetarian (meant for Indian veggies) food.





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  • eastindia
    11-16 04:16 PM
    Vonage reaches settlement with states - Business First of Louisville: (http://louisville.bizjournals.com/louisville/stories/2009/11/16/daily11.html)





    Canadian_Dream
    11-25 04:27 PM
    Hmm interesting.

    So if I buy a gas guzzling SUV/Truck and the price of it goes down to 1/4 because of soaring oil prices, I guess dealer should pay me back the 3/4 because it is not my fault. Right ?
    And if I bought used Hybrid which is now selling like hot cakes and I make a profit I must redeem it to the car dealer. Because I made money I didn't anticipate. Also, my 401K losses should be returned back because it isn't my fault the stocks are loosing value. The price of gas I paid this summer was twice what I am paying now, so I must get back the money I spent this summer, because it is not my fault that there has been fluctuations in the oil prices.

    Well, if only it were that simple. That's not how the system works, although you would want to be that. When you sign the dotted line you are in the binding contract and from then on profits, losses and fire sale is all yours.
    You have to live up to what you have signed or next time around you signature will not be honored.


    Dude, then why are we blaming people like punjabi.........it is not his fault that the supply was abundant and demand receded..........I would still blame the banking system for the housing failure.......they landed out money which they knew would stop coming back at one point in time........and again, it's not that he cannot afford his monthly payments...........he just cannot sell his asset - to me that is a problem on the part of the lender and not the borrower. No wonder banks are re-adjusting the home loan amounts (to a much lower value than originally specified in the agreement) for people who cannot pay the normal mortgage (due to whatever reasons). Go and teach the same lesson to these greedy banks and lending institutions.

    Again, I am not saying that foreclsosing (escapism) is a good route to take, as there are other ways to keep the paying the mortgage without hurting your mobility but at the same time it is not prudent to blame it entirely on the borrower - lending institutions are responsible for major part of this mess.





    gccovet
    08-07 02:43 PM
    Dude,

    Sunnysurya is busy trying to get people for the lawsuit. He will not reply to you.

    According to IV Tracker, his EB2 PD is Nov 2005. He has filed in Nebraska.

    Thanks

    Calling all EB3-I with PD before Nov 2005. Please get 3 desi firm names from Sunny_Surya and start EB2 filing. Then port your PD's.
    GCCovet



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