Monday, July 4, 2011

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  • kph
    06-29 05:20 PM
    My intentions was not to offend anyone...all I am trying to say is blaming the H4 visa is unfair...H4's intention is to have the dependents be able to join the H1 visa holder....just that, nothing more....it is another story that most people want to do more than just that while on a H4. And for that several other visa options are all open..

    Yes, my spouse too was here on a H4 and we had faced some problems...but to be honest, I had educated myself very well on what problems we will face before getting onto a H4..we thus never cribbed about her being on a H4....and I had always insisted to my spouse that if she wanted to do more..she would have to fight for her own F1/H1 visa..

    Dude, its very very unfair on H4 people. You got to be in H4 visa to understand their problems. I could apply this logic to anything. So does anyone land here expecting to becoming a GC holder or citizen right away? So if someone says you will not be given GC just because while coming you were not guaranteed a permanent status, will you agree to it?

    Everyone tried to convert to H1 and look what happened. Stupid lottery kicked this year on first day. And F1, its not that everyone is wanting to become a student. What if they had enough degree already in foreign country? Besides you can't study here for free...

    I know nothing can be done by us and the only way out for them is EAD. At least lets not go overboard and tell H4 people that you don't deserve to crib about it.





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  • pd052009
    03-31 03:50 PM
    Do you mean 8K from EB5?

    Very well said.
    Based on 12K/half year, or 12K/year from EB1, say 20K be safe this year from EB1. 7K from EB2 ROW as last year, 8K from EB3, 0 from FB (EB2 get only 10k/4 last year as 10K FB is divided by Eb1/2/3/4), and normal 2.8K for EB2 I/C each (6K total), there are total 41K possibly for EB2 I/C.





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  • sam_hoosier
    10-05 12:29 PM
    If you want only India calling, there are lot of good calling card companies, that they are offering better price than the above mentioned.

    Airtel call home - 9.99 + tax = you will get 600 mts - 45 days validity period
    relaible calling - 9.99 +tax = you will get 600 mts - 30 days validity period

    I am not talking about calling cards. ALLVOI is also a VOIP service like Vonage and has the same deal on free US calls etc. However, their India pkg is much better IMO.





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  • gc_chahiye
    06-25 12:00 PM
    ............Expanding on my previous posts.
    One more thing.
    If you decide to apply multiple 485s with each other as dependents, then file just one first. Wait. Gets its A number and put that number in the other application. This way you will cover one pitfall of multiple filing. It will not cause confusion at USCIS end.

    one thing to consider though: with the number of 485 filings that are expected in July, receipts are probably going to take 8 weeks or longer to come through (just ask teh H1B filers this year). By then the PD for the other spouse would have probably retrogressed. Another thing to keep in mind...



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  • vinabath
    07-10 09:42 AM
    USCIS and DOS should respond to their irresponsible and negligent behavior. They are going to do that to Federal Courts for sure because of the Law Suit. I would want them to answer to Congress because they wasted law abiding tax payers money.

    Remember this site name is called 'IMMIGRATION VOICE'. Please do not stop the people who are sending flowers. This will get media attention. This will not force USCIS to accept applications but it will give a chance to Congress to become a more vigilant watchdog of USCIS. As long as immigration is in Congress agenda, atleast all the numbers will be used rather than get wasted from now on. I am pretty sure and confident that Oct 2007 bulletin will move forward and high demand countries will be given more than 7% rather than wasting the numbers.

    Before I tell this My PD Feb 2003. What is wrong if a person who has a PD 2007 would DREAM of applying for 485??. I do not support retrogression, even though I am the victim of it. I do not want everyone to be in line like me. Please be progressive in your thinking so that future immigrants who play by book does not get in to waiting line like us.


    Hello all
    I am a silent visitor of this website.
    Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
    Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??

    Please try to understand their problem.
    Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????

    My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???

    Isn't it a shame on us to go for Rally to get GC?????:D

    Just think that you will get it when time comes, otherwise pack up.

    Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.

    EB2 India
    PD-2005-May
    I140 approved-Sept 2006





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  • like_watching_paint_dry
    06-14 12:08 PM
    How many times in this thread I have mentioned that I am getting replaced by one of these L-1B resource, I am a poor Oracle/DB developer who fortunately cannot be replaced by L-1B visa resources (as my skills is a common technical one). So once these violations impact your day to day life you look around for ways to stop this fraud. Its true that if I was a Nuero Surgeon in Phily or a Astro Scientist in Houston I wouldn't be interested in this violation :-) .... tomorrow let this scenario happen to you ... you would be first one to raise the alert.

    Regarding 'getting burnt', I don't think there is bigger burn than loosing our jobs (which already is happening) and hope you know that there is something called 'anonymity'... ya lets see whos going to get 'burnt' here. We'll definetly keep you updated regarding the outcome.

    I cannot help but point out a flaw in your case: You say that your technical skills is a common one. Yet you don't seem to have an issue that you have applied in EB2 - exceptional ability / advanced degree. At this time, you are likely holding a H1B status - a speciality occupation visa. Something does not add up now, does it?.

    However, I'm with you on wanting to stop L1 visa abuse (and H1 visa abuse as well). There needs to be a more definitive way of knowing L1 visa is being misused to replace US citizens and green-card workers.



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  • permfiling
    12-15 04:43 PM
    NSC sent me a response that my GC got lost in mail as I raised a SR for card. My wife got CPO but I got a letter from USCIS NSC that my card was sent on the same day my I-485 approval notice was sent which I think is some mix up on USCIS and to file I-90 . I got all letters from USCIS but not this one so I called customer service and talked to 2nd level IO who went through my case and said card was never created. She will raise a new SR for that which was on 10/12/2010

    Do you guys recommend to send emails to NSC followup?





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  • gc_on_demand
    08-21 10:42 AM
    All of you guys are smart ,highly skilled immigrants.

    Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..

    Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.

    same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
    He left current employer and found another who willing to apply under Eb2.

    Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.

    CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.



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  • bomber
    06-29 06:27 PM
    At the cost of being bombarded by every one in this forum,
    if the VB bulletin is indeed "retrogressed" to Pre madness - back to what was supposed to be the next jump from June 2003 (perhaps 6 months or more for EB3 and 2005 for EB2), this would actually be a good thing in my opinion.

    What they did by making the VB current is going to have serious consequences a few months down the line. People who have been waiting for years may still not get their turn in line, while others simply jump ahead and take away the visa numbers. People are excited at the short term benefits of EAD/AP but we must look at the long term effects also.

    I believe (and im entitled to my own beliefs ) that if anything, USCIS/DOS have actually finally figured out their mistake of making everything current and are now back tracking to what would be a decent situation instead of the floodgates being opened. I dont believe it has anything to do with conspiracy theories or CIR or any such thing.

    And btw - i would be one of those people who spent money to get ready for the floodgates and i would also be one of those that gets stuck!

    What you said could be true but only if they move the dats back like you mentioned. would show utter inefficiency if they make them all U.





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  • gg_ny
    01-24 12:37 PM
    Lufthansa is another option for no transit visa, cheaper ticket than NW, Emirates or Singapore airlnies, little bit security check at Frankfurt when returning .....

    with emirates, there is a route via dubai (no torture) and one via hamburg + Dubai. I traveled via the second one twice on emergencies. you are ushered in a square box of a building with barbed wires and armed (fully armed and body armored, hand gunned, you-mongrel-looking) guards. There is even a special
    barbed wire line for 'special immigrant' (read asylum or illegal migrants) inside though i have not seen it used. then comes double wammy security checks (show-me-your-baby'smilk-is-edible type). There is one bathroom for each gender that has useless (over 10 months)faucets and one bar (no shop for food). the layover reminded me of concentration camps. But it was still better than $274 ;-)



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  • pappu
    08-21 12:38 PM
    The law unambiguously states that for employment based categories - EB1 spillover should first go to EB2 and whatever is not required by both EB1 and EB2 will spillover to EB3. If the USCIS has been doing something different previously they were actually not following the letter of the law.

    Here are the relevant sections of the INA which unambiguosly states the above.


    Here is what Section 203 of the Immigration and Nationality Act states -

    EB1 -

    (1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............

    EB2 -

    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -


    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............


    EB3 -

    (3) Skilled workers, professionals, and other workers.-


    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........

    If all these years they were misinterpreting the law, where were lawyers and AILA raising their voice to correct this mistake? This error was deeply affecting the clients of lawyers.

    We need to see more proactive activism of lawyers in matters such as these that are very important for the community. If not, members need to learn the law and do such research themselves. IV core team has been trying its best to read the law and create presentations and research documents whenever we have an important action item or bill on the floor. I would urge the community to read the law on their own as and when needed and raise their awareness.





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  • Sri_1975
    06-22 12:13 PM
    Hi Guys any updates..



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  • niklshah
    01-13 04:54 PM
    letter sent to white house and will send copy to immigration voice address.

    thansk IV





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  • jayleno
    01-13 03:31 PM
    Looks like Obmudsman office have acknowledged the problem. Just read this on their site

    ......
    However, the Ombudsman understands that USCIS may deny the Form I-485 in cases of portability (the ability to change jobs) before first issuing a Notice of Intent to Deny in certain limited circumstances. These include, for example, where the beneficiary is ineligible for the benefits of the Form I-485 by statute, or the Form I-140 is withdrawn before the Form I-485 was pending for 180 days........

    http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm

    Once again a big Thank You to all of the volunteers behind this campaign.



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  • IneedAllGreen
    06-29 03:42 PM
    I think Matthew Oh should closed his site to do some actual work.

    http://www.immigration-law.com/Canada.html

    6/29/2007: EB-Visa Number Retrogression?

    * There is a rumor going around that the State Department will issue a revised Visa Bulletin for July 2007 next Monday (July 2) or Tuesday (July 3) and that it may show retrogression of some or all EB categories, very likely to the point of unavailable for the month of July! Please stay tuned.





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  • gc28262
    06-18 12:20 PM
    If companies could survive with GCs and Citizens alone, they would have done it already. The fact is there aren't enough quality resources to be picked from GC/Citizen pool. That is the reason companies are willing to deal with complex immigration laws for hiring a non-immigrant worker.

    Of course companies will look for cheaper and easier ways of doing things.( outsourcing route) I agree with puddonhead that threshold for outsourcing is low in these times. Vast majority of outsourcing was initiated during the last recession ( 2000- 2001).



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  • amitjoey
    07-09 07:00 PM
    I am telling you, this is all great!!. It is working, do not doubt it. It has to be this way for a news story. This makes a great story. Also canceling orders sends wrong messages, we care for the troops fighting for us, Why cancel.





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  • appas123
    08-16 12:06 PM
    We received the snail mail welcome notice today after receiving the email ADIT stuff last Tuesday (August 10). That makes it five business days. On the notice it says that we should receive our permanent resident card within three weeks. Anybody who actually received it within three weeks?





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  • vikki76
    10-26 08:30 PM
    This is really great news. Congratulations caliguy--I have been following your posts since Sept and know that you were quite active (read that perturbed) on your case.
    One less thing to worry about in life.
    You have been quite persistent in your efforts to get correct answer from IO.

    In my case- when I reached IO using POJ- I was told that case has been predjudicated, and now assigned to IO. How do I get more info than this? Even I have multiple 140-so ,I too am bit worried about that part.





    addsf345
    01-15 01:47 PM
    Hi RajuSeattle--

    You nailed it man. As i said in my post yesterday what you described so well is exactly what happened and so my explanation of just 140 substitution was not accurate.

    Please note the response I got from the attorney of my previous employer (the one who revoked)

    This is exactly what I previously explained and what XX verified for you. The I-140 was revoked/withdrawn and the labor certification was substituted. If only the I-140 had been revoked/withdrawn then you would still be portable. However, as XX confirmed, the company used the case to substitute another employee.

    Clearly the ex-employer and USCIS are at fault. I have the approved I140 and to date on my uscis portfolio it states that my I140 was approved in Feb 2005. I changed jobs in June 2006.

    I am so &^^%$#@ tired, that if this does not work....I am going back. Enough is enough.


    Don't loose your heart. I know this is a serious situation but do not become emontional, just stay calm. This is clearly a confusing situation and a bad move by your employer. Have you got a good attorney? Just consult a good attorney and go with what s/he says. This is not your fault and before thinking of going back, fight for yourself and your family. Remember, tough time never lasts, tough people do. Our best wishes and prayers are with you.





    thomachan72
    06-29 07:05 PM
    I dont know why everybody started to spit on ohio law firm. They just pointed out some news that they got from AILA, right? Lets hope its just a rumor and USCIS doesn't proceed with this revised thing. I am pretty sure that wont happen. Dont worry guys, but dont blame everything on ohio firm. I saw this on several other law firms too.



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