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  • gvenkat
    11-09 05:28 PM
    When should I start rumbling?

    Filed Date : Aug 30th 2010
    Receiept date : Aug 30th 2010
    SLUD's thrice : 09/03,09/10 and 11/05
    E-filed, Texas Service center and sent in supporting docs.

    No emails or anything so far... Should i wait the whole 90 days before starting to make some noises?

    I filed my EAD on the same date at Nebraska recieved that last week.

    I just cannot understand why they need to do this filing and can't make EAD/AP a single doc and valid for two years.. Just plain frustrated. :mad:





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  • ilikekilo
    04-19 03:44 PM
    I will be sending the following note to my senator and have already posted it to WhiteHouse.gov. I urge all those screwed by the ongoing retrogression to do the same.

    "I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time.

    Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy."

    welcome to IV and thanks for your post. Please join our collective efforts starting with sending your lawyer an email to contact IV if they are interested for their banner display. Additionally you could consider contributing to IV, thus becoming a donor and get more updates as well and participate in our attempt to address burning issues we have that affect almost all immigrants like you and me.

    any questions just ask someone might try answer...

    also please take a moment to update your profile as well as that data will help us all





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  • ItIsNotFunny
    06-26 02:52 PM
    Brahmam and Company -

    This is the height of Frugality sir :eek: . Contribute something to this society instead looting(??) everything from here and wiring to Bank of India or whatever:p .There should be a limit to this nonsense questions to be posted for Members to Read and Answer. Please grow up in life.Few Dollars here and there will not make this World upside down nor will it buy huge real estate lands in your Place. Also, buy Trash-bags for throwing Trash instead of use Walmart plastic to throw into Dumpsters.Some in my Apts do that all the time inspite of Property Managers advising against doing it.you fall in this Category.

    To answer your Question, Walmart is the cheapest for anything .Period.Why?? Please see this Documentary 'Wal-Mart: The High Cost of Low Price '.

    I'll give you the last call to burn your ego.:cool:

    - Shalom

    I personally see no issues with what he asked. He just wanted to know more authentic place to get passport pics. May be his English was not matching with yours.





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  • DoggyStyle
    07-22 02:20 AM
    Thank you!!
    Sometimes paranoia gets the better of us.

    I have access to a lot of "extra" stuff, as you can tell from the blog. It has been a long and tiring fight, but someone has to do it.



    Ur blog is full of childish gossips from message boards, like 'extra', which are not useful for IVians.:(



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  • enggr
    03-17 03:52 AM
    My dear friends,
    I am so sad to tell the fact my I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
    In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
    USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.

    The following are the words from USCIS denial notice.



    "The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
    In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "

    Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."

    We are planning to file a new labor certification by end of this month as the current one is 99% a gone case

    As you all know I was trying to save this application to save my wife's EAD.

    Please help me with one of the options below.

    Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both

    1) Appealing the decision
    Pros: My wife gets a chance to win her EAD back which is a big win for us
    Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer

    2) Applying new EB3 I-140
    Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
    Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.

    I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege

    . My answer to my attorney regarding the next course of action depends on your advice(s) very much.

    Thanks in advance and I really appreciate who posted replies to my questions earlier.

    Enggr:

    Labor approved 2006 Aug EB2
    I-140 applied 2006 Nov EB2
    I-140 RFE 2007 Sep
    RFE response 2007 Nov
    I-140 denied 2008 Mar





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  • gcnotfiledyet
    03-26 03:47 PM
    Can't agree more. This is nothing but harassment. What has drivers license got to do with employment or immigration status ?

    I don't understand how many of our members think that this is the right thing to do. Haven't we got enough chains on us already ? :rolleyes:

    We are like beggars in this country. This country and its people do not want us here and are doing everything permissible under law to throw us out of here (if no law then they just make one up).

    But we are such suckers that we do not want to leave this country and go back home. Gandhi fought to get rid of white masters but we were destined to serve one anyway. I don't understand why I don't live in my own country and contribute to its economy. Why am I tolling so hard to live here? I don't know when will my hard head understand this silly concept.



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  • Dhundhun
    07-19 05:55 PM
    I think remove "cruel" word from title.





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  • rsrikant
    08-10 10:20 AM
    instead of attacking some one who applied for LS, i suggest it is advisable to direct the anger towards DOL or USCIS.. whoever is responsible.

    LC substitution is legal and probably that's why many ppl did it. why shud we blame them. we shud blame the law. and good that its been eliminated now..

    i don't think we need to segregate those who applied using LS. May be most of us could have used it if we had not applied labour directly and knew that some LS is available for no price with old PD...



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  • Progressive
    07-02 04:20 PM
    Medical -$400
    Attorney and filing fees - $5000





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  • gk_2000
    07-29 01:09 PM
    Like it or not, USA want diversity;), they not want to be a second Indian, Asian, Mexican, African, European etc country.
    And one way to try to manage this is by country limits.

    The "diversity" is a celebrated argument in USA. However, it takes a backseat when doling out amnesty. And "justice" is also important, and you can't sacrifice something as important as Justice for "diversity", which is just a long-term-point-of-view concept



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  • h1techSlave
    11-09 05:15 PM
    Wow! Yours is so quick. Did you expedite it?

    No. But I am yet to get the actual approval. This can take anywhere from one week to a couple of months :( Plus my wife's application is still in the Review stage :(





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  • Almond
    07-17 11:24 AM
    I think a employee of immigration service center should get $100 bonus for completing one application. This will definitely improve their productivity.

    And with the new fee increases, that should be nooo problem right? :o



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  • lazycis
    12-18 10:49 AM
    All you need to send is a letter saying that you invoked AC 21; also attach supporting documents, i.e. employment offer from your new employer describing job title, duties and salary and stating that employer intends to hire you permanently after you receive GC; documentation showing that your I-485 has been pending 180 days or more before you've changed jobs.





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  • qvadis
    12-29 12:14 AM
    Being on the other side (EB3-ROW) I read the law a bit differently ;-)

    In short:

    - INA 202 (a) (2) establishes a 7% country limit for both FB and EB categories together and per fiscal year.
    - INA 202 (a) (3) allows to make unused visas available per quarter in excess to the 7% country limit.
    - INA 202 (e) specifies that any visas in excess to 7% must be distributed equally to FB and EB, and each sub-categories.
    - INA 202 (a) (5) gives preference to EB (over FB) and determines the allottment for additional visas with preference to EB1 over EB2, etc.

    INA 202 (a) (5)
    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.


    I guess the question here is, what does "visas available" in conjunction with INA 203(b) mean.

    INA 203 (b) (3) (EB3)
    [...] 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) [...]


    The way I read it all this is that the rules in INA 203 (b) (1)...(5) should be applied first before INA 202 (a) (5), ie. additional visas are only available if EB-3 ROW is current.

    So, the allottment should work as follows:

    Any unused visas in EB-1 (with regards to 7% country limit) will spill over to EB-2, and unused visas from EB-2 to EB-3, etc. If there are still unused visas, they will be used for countries that are subject to the 7% limit, first in EB-1, then EB-2, etc.




    Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. [...]

    INA 202 (a) (3)

    Therefore, the 7% country cap had always been �soft� till year 2000.

    (*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)



    I would disagree with the premise in your note. You could also read it that the 7% applies to the sum of both FB and EB categories: "[T]he total number of immigrant visas [...] under subsections (a) and (b) [...] may not exceed 7 percent [...] of the total number of such visas made available under such subsections [...].�

    Subsection (e) actually seems to suggest that any additional visas have to be allotted proportional to FB and EB categories:

    [I]INA 202 (e)
    If it is determined that the total number of immigrant visas [...] will exceed the numerical limitation [...] visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
    (1)
    the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);



    After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.


    I guess the important phrase in the law is IF ADDITIONAL VISAS AVAILABLE. You seem to interpret 203 (b) as only up to 28.5% are available without the ones spilled over from higher categories.



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  • roseball
    08-23 11:43 AM
    What about if the I-140(EB2) rejected?. The 485 will be rejected too?. What are the possibilities of I-140 rejection?

    Thanks

    The request to adjudicate I-485 will go out only after EB-2 I-140 is approved. I-140 rejection "should" not trigger your pending EB-3 I-485 rejection but it all depends on how the IO interprets your case. He could issue an RFE (I would guess) asking for an EVL for your EB-3 case. In my colleague's case however, TSC automatically adjudicated the I-485 since the new EB-2 I-140 carried the same Alien# as the pending I-485. It seems TSC has a system in place to identify such cases, NSC doesn't. Another colleague of mine whose I-485 is pending at NSC and EB-2 I-140 approved at TSC is still waiting for I-485 approval and its been a month since his I-140 was approved.





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  • sam_hoosier
    11-19 02:50 PM
    Good idea, but will not work since people cannot think outside the box. Most people think that if I cannot get a GC why should the guy in the next cubicle (who has a US Master's) get it. They don't realize that by taking the US Masters out of the regular queue, they would probably get their GCs faster :)



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  • vejella
    12-13 11:47 PM
    Because of sudden influx of projects coming to India last year, there was a temporary upsurge in the demand for skilled personnel in india ....So there are many options for these people which caused the higher attrition as they have many options open....So temporarily these IT Companies used to retain highly skilled employees at any cost and kept them in front line and recruited some freshers (i have seen one company recruited freshers and charged them 50,000 ...you heard it right :0 initally with the commitment of 2 years).

    As the freshers are catching up with the experienced ..i see a sharp decline in demand my area of expertise from past 6 months to an Year .... But from CEO point of view , still work is done ..with 40 % or more saving ..may be for little compromise on quality ....

    I have a feeling that attrition rate may slow down in coming years .....

    Any one please share your views /experiences ..





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  • loudoggs
    08-31 10:55 PM
    Nice article....Thanks for sharing!!

    ABC News:

    http://www.abcnews.go.com/Business/story?id=3526093&page=1





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  • malaGCPahije
    07-25 11:07 AM
    I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.

    I met a guy yesterday who applied for GC in 1998. EB3-I. Has not got his GC yet. You would expect him to feel worse than what you feel. But he was completely relaxed. Reason, he does not expect his GC anymore.

    Be happy that your PD is going to be current. But remove any expectation. If you get the GC, enjoy and party. If you do not, you will get it soon sometime later. Once the expectation of something is out, you will suffer less.





    mhtanim
    02-12 01:48 AM
    The first thing I would do is call the IRS and ask them for advice. You may call the IRS at 1-800-829-1040. Have the employer name and federal ID ready when you make the call.

    You can also file Form 4852 with the IRS which is a Substitute for Form W-2. Please check http://www.irs.gov/pub/irs-pdf/f4852.pdf

    IRS is usually very helpful. Call them up, they will help you.





    logiclife
    03-23 03:59 PM
    I have set up a meeting with the staff at Congresswoman Kathy Castor's office in Tampa on March 27th at 2.00 PM.

    Anybody interested in joining please PM me.

    I am sure you will find someone from Tampa, but please feel free to go alone if there is no one in your district.

    Thank you for doing this.



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