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  • gautamagg
    04-23 03:44 PM
    Are you one of the guys who considered going to France as you cannot go to school Full time?

    yes





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  • jcmenon
    07-24 10:54 AM
    It all depend how we interpret the law.

    Here is the arguement by stuck labor

    "INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

    (a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if


    (3) an immigrant visa is immediately available to him at the time his application is filed."

    BUT

    The above is applicable for adjustment of status only not for filing of 485.
    Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.





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  • singhsa3
    08-13 03:57 PM
    I think thats AC21 recapture thing...
    From sept visa bulletin http://travel.state.gov/visa/frvi/bulletin/bulletin_4328.html section E.



    We have 22704 FB visa overflow to EB for year 2008.





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  • luvschocolates
    08-21 10:46 AM
    I am NOT here illegally. I was told BY someone at USCIS when I submitted the first application that as long as I was submitting requested applications and the required fees, I was not considered an illegal alien. If that was the case, why has no one at USCIS ever told me that? They know where I live, who I live with and everything else they need to know, I have no secrets from them, but not once have I received a letter, phone call or anything else to request for me to leave. I guess those of you that are professionals or those who already have a green card, are better than people like myself who are considered blue collar. I don't receive a dime for what I do, room and board is it so therefore I am not taking away anything from Americans who were born in this country.
    In 2003 when I arrived here, PASSPORTS WERE NOT REQUIRED. I had a birth certificate and valid driver's license, that is all customs asked for at the Toronto airport and that is all I gave them. IF passports were required, I would have gotten one, but since they were not, what was I to do? I am not from an overseas country and I have visited the US most of my life as a child and as an adult without any trouble and was never asked for a passport. All that changed in 2005 - not my fault.
    I came here looking for some assistance but seem to have gotten a bunch of sarcastic comments that are really not helpful and weren't necessary.
    It's funny how you make assumptions and you all are here for similar reasons and needed help at some point. As for not criticizing USCIS for doing their job right - I doubt you would say the same thing if you were my shoes. I do not appreciate the criticism or sarcasm, I thought this was supposed to be a place to get some help, I guess I was wrong.
    I won't be back.



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  • swissgear
    09-14 02:46 PM
    Well, I have not received RFE mail yet. I have changed my employer because our division was sold to Canadian firm and they moved everything to Montreal.

    After changing my employer (in June), I applied for EAD/AP and both got approved within 3-4 weeks w/o any issues/RFE.

    I have not filed for AC21 and used EAD to switch job. I think my previous employer might have notified USCIS about H1B case (as I had valid H1B too). Again as per attorney, it takes months if not year for USCIS to work on such notifications.

    I had travelled to India last year July and came on AP as I could not get H1B stamp in India. The US consulate took more than few months to approve the my application and by that time I had already come to US on AP as suggested by my employer's attoteny.

    As far as I know, most likely your RFE would be related to EVL, if you didn't receive it earlier. Also, if you changed state, and working on H1 or EAD, they are sending in a standard RFE like to describe location discrepancy and letter from Employer to state that they still support your GC as per the Labor and 140 application. Hope this helps!!! Good Luck!!!





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  • gsgskms
    03-17 11:23 AM
    EB3 India -
    PD 03/2003
    RD 06/2007 for I-485
    approved LC & I140



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  • logiclife
    04-20 01:55 PM
    Attn: California Members – Please participate in this event to support STRIVE ACT.

    This is a town-hall meeting organized by Congressman Gutierrez (Sponsor of STRIVE ACT) in San Jose, CA on Saturday April 21st at 4:00 PM.

    Address:

    1775 Story Road.
    San Jose CA 95122.

    Date and Time:

    Saturday April 21 4:00 PM.


    Purpose:

    To stand in support of STRIVE act of 2007 and thereby support title 5 of high-skills legal immigration. It is very important for Immigration Voice to show up in large number so that we can project our strength and also confirm our support to the congressman and thank him for working to reform the broken system by including provisions to remove skilled-immigration backlog. You can also ask questions during the Q&A to Congressman Gutierrez.

    Pratik will be attending this with many other members of IV in San Jose and Bay area including a couple of other core group members. I will be driving to this event from Reno unless there is severe weather on I-80 at Donner pass. If anyone from Reno wants to carpool with me, please email me at jay@immigrationvoice.org

    Please show your support for STRIVE act and our support to congressman as its very important to be vocal and active for upcoming bills in Senate (May) and House (June-July).

    Questions:

    If you have questions about this event, please email Pratik at pratik@immigrationvoice.org (pratik@immigrationvoice.org)





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  • nomi
    12-12 04:31 PM
    Yes, we do listen - Fixes based on your comments

    While we will not respond individually to your e-mails to us, we do read - and act - on them. This page will show some of the issues you have raised and solutions that we have instituted in response.



    November 15, 2006
    Administrative Appeals Decisions

    These decisions are currently unavailable on the USCIS web portal. We expect to have them re-published by November 30.



    --------------------------------------------------------------------------------

    November 8, 2006
    I-LINK Materials/INA/8 CFR/etc.
    While these legal materials are available (including the redacted Adjudicator's Field Manual). They may experience intermittent problems. If you try to access this material and see a blank page, refresh your browser. The page should appear. Please note: the redacted Adjudicator's Field Manual is a very large document, and may load more slowly than other legal materials.

    Policy and Procedural Memoranda
    These are being republished now, and should be complete no later than November 9.

    Broken Forms
    We are receiving a number of comments from you that a particular form is corrupt or somehow not working. If this happens to you, please let us know the following details:

    The form you are attempting to download
    What version of Adobe Reader or Acrobat you are using
    What browser and operating system you are using (e.g., Firefox 1.x and Windows XP)
    This will hopefully help us nail down the problem. Thank you




    --------------------------------------------------------------------------------

    November 7, 2006
    Missing I-600A Form
    Replaced the form Nov. 6

    Immigration Statistics
    If you are looking for the immigration statistical reports we published on USCIS.gov, they can now be found at www.dhs.gov/immigrationstatistics. Or click the related link "Immigration Statistics" on this page.

    Case Processing Times
    If you are looking for the listing of processing times for particular application or petition types at our regional and district offices, you may find it at the related link "Case Processing Times" on this page.



    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f55cc2e9bb6be010VgnVCM1000000ecd190aRCR D&vgnextchannel=7220c9ee2f82b010VgnVCM10000045f3d6a1 RCRD



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  • sanju
    11-11 10:46 PM
    With democrats in control, at the very minimum we should try to push recapture of lost visa numbers. Tie that with the ability of immigrants to buy houses, we could have a game winner...

    As I said earlier, try something original. Do you know anyone on this forum who is oppose to the idea of recapture? You seem to suggest as if someone is saying "NO we do not want recapture". Is that what you think? And what makes you think that democrats will allow recapture? They have been in power in the congress for last 2 years. If they would have passed recapture, the current president would have for sure signed the bill into law. Democrats want comprehensive bill. They don't love any of us. Maybe, when they are passing comprehensive bill, and if they have some space left on the white paper, and they have nothing else to put in there, they may consider putting recapture. No matter how liberal we tend to be in our individual thought process and outlook, which generally is the tendency for most people in EB community to support democrats, the fact is, policies of Democratic party almost never support EB applicants. When Democrats have to chose between undocumented, family, H1 and EB applicant. We will be the lowest priority, or no priority. And because most of us inherently think/support democrats, we expect them to return the favor. "Wrong" expectation.

    And why blame EB community for supporting Democrats. Majority of population usually votes for candidate/party who has the policies to screw them. I mean, a lot of people who earn less then 40K vote republican, either in the name of religion aka conservativeness or whatever. Republicans give tax breaks to rich and screw the people who vote for them. Large percentage of Democratic supporters tend to live in cities or suburbs. They tend to earn more and are usually educated, for example, most people with college degree voted for Obama, and now Democrats will screw them for voting Dems in power by putting higher taxes on them. I guess, the rule is, parties who win elections have the onus of screwing the people who elected or supported them in the elections.

    I am merely trying to say that even if you tend to support Democrats, don't expect them to return the favor, but apply the general rule and get ready to be screwed for bringing them in power.



    .





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  • chanduv23
    04-01 09:13 AM
    How come these people do not get caught during H-1 approval process or during visa stamping at consulate or maybe later during GC process?

    [QUOTE=chanduv23]Thats a new trend. They go to colleges and meet a group of Indian students who are about to graduate and take them out of drinks and dinner and give a presentation about their company. Then when these students come into OPT status, they are all given food + guest house accomodation. Then they are put under intense training for 2 to 3 months and made to do some mockup projects. Then their resumes are massaged with 4 to 5 years of experience ie experience from date they graduated in the under graduation and their MS education is stripped off on their resumes.

    As they have Master's degrees, they go to Mexico or Canada for stamping. Thier h1b petitions are filed based on their BS/MS degrees and project works etc. and if any gaps in education, they are filled by experience. As the come under the Master's Cap, the cap lasts longer. The massaging of resumes occurs when employer sends resumes to clients and these resumes are different from what they file for h1b.

    When I was trying to reqruit a junior programmer position in my company, I found it very difficult to find the right person. All these people seemed like they had fake experience, tons and tons of resumes from Desi consulting companies , these people are well trained in answering interviews and can also confuse you during the interview.

    With this growing trend, the market seems to be going a bit slow for corp to corp h1b consultants and a lot of people seem to be in this category and hiring managers are having a tough time to ascertsain the validity of the candidates.

    It is disheartening that this kind of activity has become extremely normal and that people are already noticing it and it does not help solve our purpose and affects those genuine job seekers and genuine hiring managers.

    There is more to this. There are consulting companies like visu consultants in India that have ties with all the low grade US universities trying to fill up their grad positions with those aspiring foreign students who can pay fee upto $6000 per semester and you see hoards of people with below average or no GRE scores (GRE will be waived for some universities) filling these positions and do odd jobs inbetween college hours to pay for their next semester and these are the people who actually take loans in their country to pay the high fee, these are the same people who join consulting companies and are hungry to get into jobs by hook or crook (resume massaging) so they they can pay off their debts.

    So what is happening is a rippling effect. These days a lot of good H1bs or F1s are not coming here in big numbers because of lack of funding in research or good promising jobs in home countries. People coming through education consulting and moving to jobs through consulting companies has been on rise because of this trend



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  • paskal
    03-16 11:19 AM
    to see you get defensive and try to make a case etc...........it amuses me........thats why i am doing it!!! :)

    Dear friend,

    We are not here to denigrate others. Neither are we interested in the kind of stereotyping that Lou Dobbs engages in.
    I see you have not even bothered to complete your profile. So much for your bravery, railing at people anonymously.

    Real good company and really god job huh?

    I work for a REAL good company too, and I'm willing to bet my GC I make more money than you. Get it?
    I have been here 12 years, I have education from the best schools in India and in the US (yes #1 ranked schools). The system still sticks me in EB2 with morons like YOU. So stop whining. The system is broken and we are trying to get it reformed. Isn't that the whole point? Hopefully you are lifting your little finger to help occasionally.

    Consider this a warning. This needs to stop.





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  • mhathi
    06-13 07:54 AM
    I don't think the senator version of CIR will be passed at the house so I hope CIR fails completely. So senators can move ahead to vote provisions separately in favor of EB and H1 applicants.

    Whether in CIR or out of it, any reform in H1 is going to come with restrictions.. thats what the 115k applications in one day have done... Whether we like it or not...



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  • rajuram
    11-15 12:02 AM
    I am not from California, I will still make the call next week.


    If you are from california plz make a call. Or if you know some one have him/her call to her office.

    We need to keep moving ahead on this one.





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  • lord_labaku
    09-18 12:39 AM
    This is not just contained in the US. Yes sub prime mortgage mess was concentrated in the US. credit crunch is affecting globally. This is unprecedented in recent years. Analyst opinions can be thrown out the window. There is big psychology to play. Are you willing to trust where u have ur money or not.? Thats the bottomline question at all levels...banks, bonds, stocks, commodities, options..country reserves etc.

    Fed & treasury (also other similar global regulators - I know of Russia & India) are also pumping money into the system to prevent a total meltdown.

    Liquifying of assets will happen sooner rather than later. Cash is King, Queen, Rook, ...pawn etc. But what is this cash? is this currency note that is getting devalued by the minute (global currency devaluation is going on). Or is this some commodity like Gold, oil? Whats gonna happen to gold prices? Oil prices are down in the condition that people consume less....global recession. Confidence in the fundamental economic system needs to happen for things to pick up. IMO that will happen only when the whole system is purged of such unregulated manipulation of paper money. Its gonna be back to basics - macro economic lesson for the whole world. price = where supply & demand curve meet.

    As long as other global economies that rely & be dependent on the US economy still have faith in the US treasury...it may still be ok...but who knows when China is gonna start dumping US investments & adding gold to their reserves at a faster pace...at that time...more bets are off.

    Another specific comment about someone mentioning socializing loss....to an extent thats true...but it wasnt like the majority of the US people didnt contribute to this mess...they did when they kept borrowing unending into the paper equity of their home value. They got to pay for it somehow tthrough their tax dollars. As for the few who judiciously saved & lived within their means...I really hope that the mess is contained enough to not wipe out their savings.



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  • chmur
    03-23 08:56 PM
    After arriving in US , typically It takes about a year or two before you start ur GC process.(Initial job/city jumping )
    So most of the applicants in 01-02 arrived during the halcyon days of 99-00.

    with this analogy, I don't expect too many applicant in 03-04





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  • iv_only_hope
    02-21 04:17 PM
    Thats true. There will be supply of more 485s to the pool but that will be from EB1 and EB2 row which are always current. I guess you could reduce the 140k/year based on those numbers but since these cats are always current does it suggest there is not much demand?



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  • xbohdpukc
    12-11 03:44 PM
    USCIS cannot do anything on the matter. INA is clear on the AOS conditions, one of which is "An immigrant visa is IMMEDIATELY available at time of filing for adjustment of status" (INA 245, 8 USC 1225)

    INA should be changed which should be done through a legislative process, not through any rule making.





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    10-15 10:23 PM
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  • harish
    04-24 10:07 AM
    Congrats Googler!

    I just checked my status and saw my I-485 CASE APPROVED status.My Good luck and Best wishes to all the people on this forum on their GC.

    EB2, NSC PD 10/02
    I-485 RD - 02/2007
    Approval Notice - April 23'08

    Congratulations and enjoy the green!





    amsgc
    03-16 04:51 PM
    It is good to see a sensible post in a long time.

    Last Nov. I had gone for my biometrics and met this Chinese guy whose EB2 PD was somewhere in Jun 06 (EB2 China at the time was Jan 06). He was very confident that he will be current in a few months, and just rejected my efforts to recruit him (for IV). Well, it is now a few months later and the EB2 China PD is Dec 03. Unfortunately, because of the arbitrary movement in the visa bulletin, many people seem to think that their PD will be current soon. The truth of the matter is that the number of people in line (w/ or w/o labor sub, pd porting etc) is just very large. So, even if your PD becomes current, there is a slim chance that it will be adjudicated, and you will get the visa number assigned to your case, before the dates fall back again. Only a handful of very lucky people will get the GC, but for the majority, the frustration will continue.

    The only way is to lobby congress for increasing the 140k cap. If they are not willing, then recapture numbers, exempt dependents etc. If even that is not acceptable this year then atleast lobby for admin fixes in the IV agenda - such as 3 yr. ead/ap, ability to file when PD is not current, and relax the AC21 rule further regarding proof of a valid job offer at the time of adjudication.

    most people who filed LC in 2004/2005 before PERM got approvals in 2006 and 2007 and have only got a chance to apply for 485 in July VB. There are 10s of thousands of such people with that LC and EB2-India. When was the opportunity to get approval?



    without an administrative fix, and with the current levels of demand and supply I would say its NIL. It needs to be a mistake...

    Also, with H1 quota possibly going up this year or next, expect even more demand, and the dates will probably not be current for atleast a decade. The demand is going to go up (more H1s filing for greencards) and supply remaining the same (140k + country-limits etc)





    mallikonnet
    06-10 09:26 PM
    done



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