Friday, June 17, 2011

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  • webm
    12-31 01:08 PM
    This thread seems to express my thoughts.
    I used to wait till my dates got current. With my dates being current since November, I still wait with no sign of improvement.
    I tried calling the 1-800 number. But, did not get any useful information.
    Took an Infopass appointment couple of weeks back. But, it was of no use.
    The officer at the local office read the same status that I see online.
    She said that my case was transfered to Texas center. (I knew this since October 2007). Only additional information she gave me was that my namecheck got clreared. (Though this is important, I dont think this really matters to get my case processed).

    I told her that I have been waiting since years and some of friends who filed later than me already got their GCs, she felt sorry for me but she said there is nothing she can do for me. Not even a Service Request since my dates are within the processing times.

    Its getting difficult for me......Also, in this economy its getting tough everyday to hold on to the job. Who knows may be this year quota might be over too. It will definitely be a big relief if we get the GC.
    I thought there is nothing I can do now till my dates goes outside the processing times. Please advice.

    Good Luck to everyone.


    We are in the same boat my friend....keep hope!!

    Happy Newyear 2009!! we might get Green soon...


    --------------
    PD:EB3-I Oct 2001.





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  • diptam
    08-15 03:37 PM
    To
    "Folks who are Re-Filing just out of anxiety",

    Do you realize that this duplicate App is going to increase the turnaround from 90 to 120 days ?

    Please put some thought man - USCIS clearly said that FEDEX/USPS signed receipt is acceptable proof for EAD/AP filing in one of the FAQ's so if its get rejected out of USCIS error you can refile later.

    SuperUsers and Moderators - What is your take on this ??

    Thanks,

    Thanks doc for the prognosis. I have said this before and I will say it again that all this is USCIS fault. They are the ones who are taking 90 days to issue recipt notices. They are the ones who are not following FIFO in issuing recipt notices. They are the ones who said that they have processed all applications received before July 1 but have not cashed checks for my application which was mailed on June 11th.

    On a lighter note what you are doing with those you tube videos is also OBSSESSIVE COMPULSIVE (DIS)ORDER except that it's for something good.





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  • spindoctor
    07-19 07:42 PM
    this is a good response, seconding it.


    Yes, and unfortunately meaningless for me, because my current company won't do an H1 for me. When I joined this new company on EAD, they clearly told me that maintaining valid immigration status is my headache. They won't file any applications to US govt for me. It was made absolutely clear to me. :-(


    To OP: Even if you moved to EAD you can come back to H1. If dates had not moved so much to make your PD current, what was your plan for your wife?


    B1 visa of course. :-) . Hey, as I said, I did not think about intent issues at that time. Hindsight is always 20-20. But the deed is done. I never look back. In my dictionary, there is no such word as "should have". I either do something or don't do something. Only losers think they "should have" done something.


    B1/F1 is not a good idea (immigration intent is obvious, and it will catch up with you at some point most probably during 485 processing and could result in a rejection). It looks like H1-H4 is the best option if you two lovebirds want to be together.


    Yes, it does seem so. But I hate to jump to a third company just to get an H1. Let me see if what are my options now.


    If you do get approved early, then as someone else has said, use follow-to-join to bring her back here.



    Also, using cruel in the thread title is uncalled for.


    Hey guys, just go easy on that. As I already mentioned, it was a weak attempt at humor which went over the head of most people. In any case, this looks like another of my deed which is done and refuses to be undone now. I tried to change the title of the thread but could not do so.


    The root cause of most of your problems here seems to be the decision to invoke AC-21 using EAD instead of using H1. If you dont mind sharing: why did you jump to EAD knowing that it would mean your wife would be out of status and would have to return to India?

    Too many issues at that time. Old h1 was anyway expiring soon. Desi bodyshoper employer was going nuts sqeezing me dry. He was demanding money for everything from H1 extension to giving out compnay letters for GC related issues and thousands of such reasons. But as I already said.. it's done..it's done...





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  • cjagtap
    08-01 11:49 AM
    anyone who filed at TSC got receipts? i mean 2nd july guys?



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  • chanduv23
    10-26 05:17 PM
    Another news making. Advice to all of Youngster Indians and Indians here by the India's outsourcing chop shop IT messihah Infosys Chief.

    Don't look at IT industry as means to settle abroad: Narayana Murthy - The Economic Times (http://economictimes.indiatimes.com/tech/ites/Dont-look-at-IT-industry-as-means-to-settle-abroad-Murthy/articleshow/6815589.cms)

    Well, what is the point in saying it now, he should have said it in the 90s and early 2000 when industry was booming and people found a career path in coming to the US.
    Right now, so much work is outsourced and it is continuing. Very difficult to get a IT job in US on h1b and IT consulting on h1b also facing so many hurdles. For any new immigrant on a software job who wants to get a h1b visa and green card - it is not an easy task.





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  • illusions
    02-21 05:44 PM
    So now they want to revise that Q&A! ;)

    See http://www.aila.org/content/default.aspx?docid=24696

    "February 21, 2008
    USCIS HQ has informed AILA Liaison that the February 19, 2008
    Questions and Answers on its FBI name check policy have been
    withdrawn from the USCIS website for revision. An update of the Q
    & As is expected within a few days."

    Can't wait to see what dodgy language they cut out and what even more dodgy language they introduce.


    that's more like the USCIS.:rolleyes:

    Any predictions on if they might move the PD's to something more reasonable for everyone by mid march ?



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  • nrk
    10-26 08:05 PM
    Hi Guys,

    I am EB2 I with a priority date of April 2006 (Direct labor applied and approved from employer A, I 140 applied and approved from Employer A, Filed 485 from Employer A itself)

    Moved to Employer B using EAD in 2009 January. (Almost after 18 months after getting EAD)

    10/15/2009 i called the TSC and asked the representative to know whether my case is pre approved or not. the representative told me that he does not have any of that data and opening a SR will let us know. i opened one SR on the same day.

    I got a mail just now, with the following text in it.

    "The status of your request is

    Your case is on hold because your appear to be inadmissible under the current law

    Rather than denying your application based on inadmissibility, we are placing your case on hold while the Department of Homeland security considers additional exercises of the security of Homeland security discretionary exemption authority.

    Such an exercise of the exemption authority might allow us to approve the case."


    What does this mean, any one has some idea about it.





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  • tonyHK12
    10-27 09:37 AM
    Right now, so much work is outsourced and it is continuing. Very difficult to get a IT job in US on h1b and IT consulting on h1b also facing so many hurdles. For any new immigrant on a software job who wants to get a h1b visa and green card - it is not an easy task.

    Yes its pretty much difficult for an Indian to arrive here and find a job. Forget about settling, many EB3s have already crossed 5-10 year mark. EB2 at least 5.
    I guess he left out the point about locals moving to non-IT related fields in which the salaries are very slowly catching up to IT. These need to grow now with govt, private sector support, now that the glamour of US GC is almost non-existent for new IT graduates and almost pays back like the typical 20 year LIC policy of the 1990s I had. India has always been good in other industries like Textile, steel, cars, etc, and need to get some to world class levels.

    I was going to say infrastructure is improving and things would get very good in India in 5-10 years (?) that US IT folks would seriously not find a difference in lifestyle.
    But then I saw one of the recent movie hits, and saw the most stuff seemed to be incredulous, unbelievable - good songs though. I change my mind most times when I read some local news or see an occasional movie.
    Is there a fundamental change in thinking needed in some areas among a vast majority? something to do with realism, acheiving quality in everything.
    Corruption doesn't seem to be the only problem.
    Money may not always be the primary reason for people to relocate to India. It will be an oppurtunity to experience the best quality of work, education and learning, the same reason many of us come here.
    There has to be more aggressive regular benchmarking of everything with developed countries.
    I guess its also a normal part of evolution to a future developed country.



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  • lj_rr
    08-22 11:22 AM
    08/22/2007: October 2007 EB Visa Bulletin Prediction of AILA

    Based on the discussion with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting, DOS, the AILA has just released the following predictions:
    EB-1 (All Countries): Closely match to September 2007 VB
    EB-2 (All Countries): Closely match to September 2007 VB
    EB-3 (All Countries): Similar to January 2007 VB
    EB-3EW (All Countries): 10/01/2001
    EB-4: N/A
    EB-5: C


    Most of us do not have access to Aila's articles.





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  • MerciesOfInjustices
    02-22 09:44 AM
    I recant my earlier outburst at mercies since I realize that he was acting as a messenger to the problem. Sorry for the offense mercies.

    There are many people who would just run away from effort when doubts are raised and since people of afraid of being punished for just advocating a public policy or writing a letter to congress in the first place. I would request you to not reproduce posts here or on portal that would echo the material the plants fear and doubts among members. When the core group is spending 2-3 hours a day on top of their fulltime job plus the weekends, plus out of pocket expenses on travel to DC, its disheartening when a post on forum scares away sceptical members.

    I have already edited my earlier post.
    I appreciate your words. I will be more careful about how to counter negative propaganda either myself or get help from others! This was clumsy and impulsive of me to post this all here, but believe me I have myself learnt so much more in this process!
    Truely, I appreciate how much effort is being put in on the behalf of all of us!

    Mercies there is a bit of a difference in getting ur doubts addressed and ur post. Once again i didnt mean any offence to you in particular, just was upset by the sheer length and attack in ur post.

    eb3_nepa, I was hasty because I was thinking of how negative posts were not being countered. I was more worried about how the silent viewers take in all wrong info! But, now I know where to get help now and who to turn to!
    From what I gathered, you were just being a messenger and if you look at my post, I have never referred to you in anything. All my answers were directed to hadron. At the same time its a little frustrating to us when people repeatedly keep on questioning our goals/legitimacy. Being a messenger, you bore the brunt from some of us

    Hopefully you realize our situation and will keep on volunteering/contributing....
    ragz4u, I understand. I see your frustrations but I think we have to keep working on some people who are just oblivious to all the good work that is being done at IV!
    But, this battle has not even been joined yet - so we have to soldier on patiently!
    Your brilliant posted answers are what I was looking for to start with!
    Please keep up the good work!



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  • Carlau
    06-19 04:16 PM
    sats123, I could help you on that (to guess the job description they used to file) - just try to find your position in here: http://www.flcdatacenter.com/OesWizardStart.aspx





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  • abhikal
    02-21 07:03 AM
    dear members,
    dint had much time to go thro' your responses. but if senior ppl are targetting this fellow( mercies) for this thread, then i beg to differ. because as a member of IV, i have been answering "hadron" posts too at immigration portal.
    I think all Mercies is trying to do is help IV out, by preparing answers of such questions which stupid ppl ask, so they can be put to a stop right away. Probably he's drawing your attention to some q's that all of you have answers for, just guide mercies to that post,
    but i think all of your remarks have been directed towards merices only as if he's started it all.
    i guess we outta stop ppl who are trying to defame this collective effort by giving them one-point answers.
    have to get back to work.
    P.S.: i dont want anyone to think im from numbersusa ;)



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  • mallu
    11-29 11:38 PM
    If this turns out true, that will be great !!!
    One minor side effect is that India EB dates might further retrogress because still there a lot of folks with PD 2001,2002 etc pending namecheck clearance.





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  • myvoice23
    07-20 07:27 AM
    Hi all legal eagles, advice please

    My case is quite complicated. Here is my situation.

    (1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
    (2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
    (3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
    (4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
    (5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
    (6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
    (7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.


    Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.

    But the risk in this plan is that
    (1) By the time she is back in US the dates may retrogress again.
    (2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.

    Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.

    Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.

    And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?

    Common man. .You already aware of that your wife's apps are not ready for I-485. Is this USCIS mistake and you says cruel system? It is your problem when you got the opportunity to not utilize it. You might say some another reason to excuse your self. Don't blame USCIS for everything man.



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  • itsmedude
    02-12 06:02 PM
    No matter how bad an employer is, one should inform before quiting...atleast one day in advance!

    Bring IRS in to picture, let them deal these kind of cases...U should be OK in getting W2

    Don't worry about losses and cases, it will cost him more if he gos to court.


    He sent me an email to pay $3500, do you think he will go legal for this, I did not sign any contract with him.
    If he goes to court will i loose(he may create documents) or will i be in trouble if he wins the case.

    Please suggest.





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  • wandmaker
    04-21 01:46 PM
    I understand that ... but I have seen the diploma accepted and the 2+3 accepted but of course nothing accepted by an adjudicator (or several) is binding. It is a tricky case. In a case like this EB3 skilled worker with 3 years of experience is always the best route to go and then once approved they can try for EB2.

    The OP filed 140 as EB3 - USCIS has denied the 140 stating that the Diploma is not equivalent to US Bachelors Degree.

    The only thing I see in the education is that s/he studied for 16 years, which does not provide privilege of claiming that his/her study is equivalent to US Bachelors. To be precise, 10 (School) + 2 (School) + 1 (First Year of B.Com) + 3 (XYZ Diploma) - The final certificate awarded is a DIPLOMA so OPs' education is not even equivalent to Indian B.Sc/B.Com.

    In my opinion, s/he has to start from scratch and word the labor properly. Meanwhile, filing MTR / appeal can help - if one is in the last year of 6 year limit.



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  • gc28262
    03-11 11:41 PM
    What you are saying I understand. And many american/GC holders work as independent contractors on 1099. But H1B is never designed for independent contractor (1099). H1B is designed as W2. By using percentage basis H1B consultants are trying to work like independent contractor on 1099. USCIS is trying to crack down on that.

    Who said I am working on percentage basis ? Where did you read that ?





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  • copsmart
    02-21 10:01 AM
    Interesting!!!

    So, did you get your Green Card after that visit? Or Are you still waiting?

    Your profile still shows I-485 as your processing stage, so I wasn�t sure.

    It was in sept 07.





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  • hebbar77
    05-18 07:06 PM
    It seems like you believe in all or nothing.
    With such an attitude we will end up with nothing.

    Did you vote against Masters quota for H1B??

    I ONLY believe in MERITT based system.

    I never voted against anything so far!!:D





    krishna_brc
    05-15 06:00 PM
    What is the situation of India Masters degree who are in EB2.
    Do they qualify to be excluded from the annual quota as per this new law. :confused:





    BharatPremi
    11-06 07:45 PM
    I don't have any update on AP .
    Should I still select the below mentioned option ?
    'Case Processing Appointment - If you received a notice to go to your local office for further case processing' is what I should select for AP inquiry?

    Ans: Did not you read my previous post?

    I have EAD approval notice but no card yet. SO I need to get another infopass for EAD eslecting'EAD inquiry Appoinmetn' option ?

    Ans: You can ask all questions for all stages in one session after questions related with main topic over.

    Thank you.

    !!