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  • kaisersose
    03-19 11:21 AM
    If Ron Gotcher's logic works, consular processing may be more quicker for India/China EB2.

    He says USCIS does not work fast enough to adjudicate 140k cases a year. They only do about 85K. But DOS is clear that they want all 140k visas used up. The result is PDs will be advanced forward and the balance numbers will be used by consular posts.





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  • piyu7444
    01-31 04:57 AM
    On H1 Status, one must be working full time and should be paid salary even if s/he is on benching. Three month maternity leave should be ok, but 6 months of unpaid leave will be very difficult to explain.

    You should seriously consider changing status to H4, if that is an option.

    In Nov, she can re-enter on H1 visa to come back to H1 status.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin

    So does this mean that pending AOS has no meaning?

    How about EAD.......if she switches to EAD in Feb with same employer and does not work from Mrach onward then?

    My (mis)understanding was that as long as one has a pending AOS one can be in US without a job and paystub as long as one has a pending AOS.

    Thanks for your help.





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  • tb2904
    12-27 10:34 AM
    I posted the following details in other thread -

    ************************************************** *******
    Here are the options to fly back to your home country:

    1. Fly directly to your home country - No transit visa required and no valid US visa required

    2. Fly via any other country - No transit visa required as long as you are not stranded in airport due to delay in first leg of the flight. Also, to board a plane to Europe you have to have a valid US visa.

    Here are my past experiences:

    1. I had a valid US visa and I was traveling from Cincinnati to New Delhi via Paris on Air France. My flight from Cincinnati got delayed and I missed my connecting flight in Paris. All the passengers that had the green card or US citizenship were allowed to stay in Hotel outside the airport. But, since I am an Indian national and did not have a transit visa, France custom officer told me that I am "illegally" in France. He was nice guy and advised me to stay the night at the airport terminal and board the plane to India next day.

    2. My US visa on my passport expired and I had the H1 extension papers with me. I was traveling on Air France from Cincinnati to New Delhi and my flight was via Paris. The airline staff at Cincinnati did not allow me to board the plane as I did not have a valid US visa on my passport. I had to drive down to Chicago to get the transit visa.

    3. My US visa on my passport expired. I flew directly from NY to New Delhi on Continental. No questions asked.
    ************************************************** *******





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  • GCAmigo
    01-31 03:27 PM
    What if the H4 candidate recieves H1 but decides not to start a job at all. What will be his/her status in that case? H4 or H1?

    H1-B without paystub...



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  • mayhemt
    02-10 10:28 AM
    Can anyone suggest hotels and/or if already booked can you post those hotel name & locations?

    Also, just a suggestion, this thread is getting complicated as far as matching donors with travelers is concerned... May be create a Google spreadsheet with all the donors (miles, accommodations) and match them with travelers from just one central location?





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  • desi3933
    01-31 07:55 AM
    So does this mean that pending AOS has no meaning?

    How about EAD.......if she switches to EAD in Feb with same employer and does not work from Mrach onward then?

    My (mis)understanding was that as long as one has a pending AOS one can be in US without a job and paystub as long as one has a pending AOS.

    Thanks for your help.

    Well, you did not disclose before that she has pending I-485. That changes the whole scenario and provides lot more options.

    She should change her status to AOS only by filing a new I-9 (provide EAD details) with her employer ASAP. This will cover her any period of unpaid leave (or benching). She can get back to H1 status by re-entering on H1 visa.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • Siboo
    07-24 01:25 PM
    Any July 2nd filers got their receipt #s?

    My package has been sent to TSC on July 2nd around 9AM by FedEx. Did not hear anything yet.

    Did you call TSC about the status? Somebody got their receipt numbers today by calling NSC. (looks like package Reached NSC on 06/23/2007 and Notice Date is 07/24/2007)





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  • dhesha
    07-12 07:20 PM
    Are you sure about this? That means USCIS has been doing the pre-adjudication for applications whose PD was not current?

    How one can find any VISA number is assigned to him? Also does this VISA number mean the GC number or just an A number?



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  • perm2gc
    12-29 02:42 PM
    It good to see some activity on the thread..Please carry on the advertising..we are near to our goal ..

    Thks for all who have spent their valuable time on posting about IV.





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  • hopefulgc
    10-15 04:35 PM
    ^^
    This is exactly what we need. Let us get going on this people.
    Nixstor, a suggestion ... maybe add a poll to this so we can track how many have sent this letter.



    IV has been working with officials in DHS (not USCIS) to find the exact number of AOS applications pending sorted by priority date, per country, per category.

    Even though the need for requested information is clear and DHS officials agreed to push USCIS for such information, they clearly told IV to demonstrate the need by filing FOIA requests. A request from IV is already pending, but the more the number of requests, the more prioritized this request will become. There are approximately 65,000 FOIA requests pending in Track2 of USCIS queue.

    FOIA can be filed with USCIS either by using G-639 or by writing a simple letter. Our request will not fit the G-639 format and a simple notarized letter will do. I am attaching a sample document that members can download from Megaupload (http://www.megaupload.com/?d=ERDT5F3P) or Google docs (http://docs.google.com/View?docid=ddkc5z3x_1f5nvp5gm) and replace the fictitious John Doe information with theirs and mail out the letter to the address in the letter.

    If you are really information hungry, this is your chance to get it.

    (1) Download attachment

    (2) Replace John Doe information with yours & print it

    (3) Notarize it and mail it



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  • alex99
    03-17 09:37 AM
    Please vote in the poll.





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  • singhsa3
    03-03 05:54 PM
    Just sent a message to David Merkel, inviting him to view this thread david.merkel@gmail.com. Any one that can take our cause is relevan to us.



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  • keshtwo
    07-09 04:46 PM
    what made you think so ?Do you think they are violating the law and allocating more than 7% to other countries?


    Spillover means India, china and mexico get more than 7% for one year, dont it?





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  • unseenguy
    08-22 09:03 AM
    luvschocolates: Ignore what everyone has said and do exactly what is written on RFE you got. If you do not do it, your 485 will be denied and you risk deportation if you do not do what USCIS has asked you to do. They are very powerful and I hope you understand this.

    If you are not able to afford it by money there are volunteer organizations that will do the medical exam. The medical exam will cost about 300-400 $ but you can reduce the cost by taking shots at public hospitals/facilities and by taking help from volunteer support organizations.

    Also if the family of the person you care for really loves you, they have to understand that this is the cost of keeping you to take care of the person. So they have to pay. I know you dont want to ask them for money, but talk to them , they might be willing afterall.

    You also need to prove evidence of valid entry. Do you have a copy of your original boarding pass , airline ticket etc? When you entered US through airline, they would have given you a green I-94 W card. A small green card to keep as a proof. Do you have that? If so send in the photocopy of that. If not , for the nerdy institution USCIS is, your chances are slim, so you will need to consult an attorney.

    Again, there are volunteer organizations that help people who can not afford costs. They should have local presence wherever you live.

    Do not listen to the mean attitude of guys on this forum, let USCIS be the judge on your case and not the guys on this forum.

    Now hurry up and start getting the paperwork done. You do not have much time to respond.



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  • pappu
    06-10 12:28 PM
    WAKE UP CALL FOR THOSE STILL SITTING ON THE SIDELINES

    On Tuesday, when we were on the Hill doing meetings during Advocacy days, we were informed by the senior Senate office that an amendment to prevent H1 and work authorizations is in the works in the Tax bill. We immediately requested this office to oppose this amendment. Senator office expressed full support for us and shared with us that the Senator's office has already expressed opposition to such an amendment.

    We would like everyone to know that just because someone has EAD, it does not mean we are in safe haven. There is no safe haven till we have approved green cards. And for those who think that they don't need to participate actively, this is a wake up call.

    We have also learned that this is degree 1 amendment. This means it will be voted on on the Senate floor even when it is non-germane to the bill. We have also learned that if such an amendment comes up for vote during this difficult political climate, it appears that such an amendment will have 70 votes in the senate which makes each one of us extremely vulnerable to be forced out. Everyone on H1, L1, J1 or EAD will risk the renewal of their current application status.

    IV is working on defeating this amendment. Please stay tuned for further updates.

    On Tuesday, Mr. Sanders sponsored an amendment S.AMDT.4319 in bill H.R.4213

    AMENDMENT PURPOSE: Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
    TEXT OF AMENDMENT AS SUBMITTED: CR S4754
    COSPONSORS(2):
    Sen Grassley, Chuck [IA] - 6/9/2010
    Sen Harkin, Tom [IA] - 6/9/2010

    Source: Congressional Record - 111th Congress (2009-2010) - THOMAS (Library of Congress) (http://www.thomas.gov/cgi-bin/query/F?r111:1:./temp/~r1119eE0Na:e98:)

    SA 4319. Mr. SANDERS (for himself, Mr. Grassley, and Mr. Harkin) submitted an amendment intended to be proposed by him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows:

    At the appropriate place, insert the following:

    SEC. __. CERTIFICATION REQUIREMENT.

    (a) Short Title.--This section may be cited as the ``Employ America Act''.

    (b) In General.--The Secretary of Homeland Security may not approve a petition by an employer for any visa authorizing employment in the United States unless the employer has provided written certification, under penalty of perjury, to the Secretary of Labor that--

    (1) the employer has not provided a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.) during the 12-month period immediately preceding the date on which the alien is scheduled to be hired; and

    (2) the employer does not intend to provide a notice of a mass layoff pursuant to such Act.

    (c) Effect of Mass Layoff.--If an employer provides a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act after the approval of a visa described in subsection (b), any visas approved during the most recent 12-month period for such employer shall expire on the date that is 60 days after the date on which such notice is provided. The expiration of a visa under this subsection shall not be subject to judicial review.

    (d) Notice Requirement.--Upon receiving notification of a mass layoff from an employer, the Secretary of Homeland Security shall inform each employee whose visa is scheduled to expire under subsection (c)--

    (1) the date on which such individual will no longer be authorized to work in the United States; and

    (2) the date on which such individual will be required to leave the United States unless the individual is otherwise authorized to remain in the United States.

    (e) Exemption.--An employer shall be exempt from the requirements under this section if the employer provides written certification, under penalty of perjury, to the Secretary of Labor that the total number of the employer's workers who are United States citizens and are working in the United States have not been, and will not be, reduced as a result of a mass layoff described in subsection (c).

    (f) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of Labor shall promulgate regulations to carry out this section, including a requirement that employers provide notice to the Secretary of Homeland Security of a mass layoff (as defined in section 2 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101)).





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  • feedfront
    09-14 04:03 PM
    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!!!

    I had received an EVL last year and we responded to it immediately. Well, I'm waiting for RFE and update the forum ASAP. I think I will get RFE similar to 'abd'.



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  • delax
    07-13 10:34 AM
    Why didnt the EB2 ROW number trickle to ROW EB3 first?

    Think about this for a minute. By doing so EB3-ROW is given precedence over EB2-Retro country after the ROW within EB2 has been satisfied. I cant see how that can make sense - not that anything in the GC sojourn makes sense. The categorization across employment categories is due to a difference in skill, training and experience level. Once the ROW demand within a category has been satisified, the retro country within the same category needs to get a preference over any lower category - sounds very harsh and heirarchical but thats how it is.





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  • newbee7
    07-05 12:58 AM
    "Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS’ data. Through these discussions, the Ombudsman learned that accounting and processing methods differ at the Nebraska and Texas Service Centers (where USCIS processes employment-based petitions)."

    http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf





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  • chanduv23
    12-15 11:20 AM
    gcisadawg,
    Very well said. What you said, also gives strength to my point. We are self proclaimed "highly skilled" workers. We shouldn't have been trained, we shouldn't have been air lifted by desi consultants. We shouldn't have been sold for short/long term projects after coming to the US.

    Actually, during 1999-2000 year, when I was about to graduate from IIT, yes, my class mates used to receive calls from Microsoft based in Seattle and Phillips based in Holland. Those companies paid final year graduating students (with good track record), a return trip to Seattle for interview. That was the real demand! And mind you, those students were very talented. They already had secured 100% aid from excellent US universities. So, it was a scenario of good company taking interest in excellent students and then filing for H1-B and subsequently green card. Can you imagine, Microsoft getting a RFE from USCIS to show "ability to pay"! We have so many people yelling on these forums because companies do not have the ability to pay to these "highly skilled workers".

    I can go on and on.....

    I do not agree with anyone who claims that we are really "required" here. We are fighting to survive here and we are fighting to get Green Cards. We have 50 million hate groups in the US that do not like us at all. It is a tough road ahead !

    It is not about demand and supply - these two things can never me matched in the best possible way. remember - H1b and GC are typically platforms provided by US govt towards bringing in talent and workers and fill in gaps and keep the competitive spirit and keep US always the best country in the world.

    If there is demand - there is demand. Period. if there is supply there is supply. Period. Supply can come from anywhere. Demand cane arise from anywhere. For eg.. An IITian need not necessarily be the best candidate to fill a spot in a X company in North Dakota and a MSFT need not necessarily be the only company to go abroad and find candidates ONLY from ivyleague.

    I know so many people who are from IIT and work for desi companies - they get good salary and are happy.

    Just go back and think about the best professor you had in your college. If you think that he must get a GC because he is very intelligent - youare wrong. On another note - if the same professor feels he must get a GC, he may probably pay a desi body shop , learn SAP and get an IT job come here - then he may rather go back to his ways of teaching if he wanted to do it again.

    What I am trying to say is - there is no point in discussing about demand, supply, talent, whether we are required or not, we must look at ourselves - whether we want what we want. If we want what we want - we must work towards it - unfortunately our community thinks - we are/are not entitled - and have so many discussions. There are people who do what it takes to get what they want - and they may use body shops or whatever they can to navigate the system. There are people who think others will help them and now a lot of people think Obama will come to their house personally to give them a GC.





    reddymjm
    09-10 01:38 PM
    Here is a brief calculation of EB2 Demand till date (Today's Date)
    The total demand till date is ~ 120K which is
    Demand up to Aug 2007 = 45K
    Sep 2007 to Dec 2008 = 16 * 2.5K Perm Month = 40K
    Jan 2009 to Oct 2010 = 22 * 1.5K per month = 33K
    New PD porting after Aug 2007 (Current Eb3 Inventory is 60K till Aug 2007) = 10K
    Total 45 + 40 + 33 + 10 = 128K. This may be inflated but it is atleast 120K.

    By giving these numbers I don�t mean to scare anybody but it�s better to have a tryst with true reality rather than be ignorant. It is better to have an understanding of the backlog rather than feeling bad VB after VB, nothing will change soon because the backlog is so huge.

    If you look at the numbers it is very unlikely that EB2 will literally become current any time soon, the end of the pre-adjudicated numbers is just a tipping point and when this happens anything could happen 1) Make dates current (I personally welcome that atleast everybody gets a chance to file for I485) 2) Keep accepting applications in a controlled manner so as to approve in quarter or year. 3) Grant spillover to EB3 ROW (EB3 ROW backlog is so huge like EB2 - I in the same range 100-120K that the spillover will disappear in no time, also note that EB3 ROW incremental demand is much higher than EB2 ROW).
    The spillover is a happening of the present time when the economy is bad, the moment this changes everything will disappear and there will be no difference between EB2 and EB3 if you belong to a retrogressed country we will all be at 3K Per annum and EB5 contribution if any will be consumed by PD porting which will increase manifold as EB3-I folks waiting for 10 years is simply unacceptable, currently there a 60K folks here just till 2007. I strongly favor porting waiting for 10 years is unacceptable. Also being without EAD / AP is very hard, great that we have a IV campaign initiated for this the efforts in this direction are laudable. Actually as Pappu, Admin2 and others have been saying EB3-EB2 even though may be relevant now is actually meaningless this is relevant only in this temporary phase of time fighting on these lines will not help to attain any objective rather it will kill chances of EB3 friends with later PD to port. The biggest issue is the per country limits which equate talent pools like India and China and give them the same cap as countries which have 1/1000th population, if they cannot be eliminated atleast should be proportionate to population for larger countries and be at 7% for the smaller ones. PS - I have nothing personal against ROW friends.

    If USCIS wants to do another JULY 2007 they never learnt their lession. With the Quarterly/annual quota I dont think USCIS legally can make EB2 current. I hate another JULY 2007 for sure.





    seahawks
    07-26 08:49 AM
    are they encouraging prinicipal aliens to "batter" spouses, so that they will be given permission to work:) Isn't spouses not able to work a pain by itself? Geez



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