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  • GCBy3000
    03-16 02:47 PM
    Dude it is legal and why are you annoyed with people who play by rules. Though I did not use this eventhough I could, it does not mean I should hate who uses this law. I bet, if you had even a very thin chance of doing this one without jeopradizing your existing job and status, you would have gone for it.

    You could do whatever is good for you within the limits of law. No matter what you do, always there will be some people who will not be happy for some reason.


    The biggest problem is interfiling from EB3 to EB2. USCIS must not allow anyone to change categories and retain old priority dates. This is nothing short of cheating ! What about the people who have been standing in line. You can't just change the rules when they suit you and get into the middle of the line. Pathetic !





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  • desi3933
    02-11 01:03 PM
    http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
    Family based visa used for FY2009 = 215,343
    Family based immigrant visa numbers = 226,000

    Unused visa = 10,567
    available for employment based visa numbers for FY2010.

    *********
    http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
    Family based visa used for FY2008 = 226,105
    Family based immigrant visa numbers = 226,000

    Unused visa = ZERO
    available for employment based visa numbers for FY2009.


    Always go by the facts.


    ___________________
    Not a legal advice.





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  • WaldenPond
    02-19 07:45 AM
    Hello retrohatao,

    Thanks for coming forward to take the responsibility. I have sent you a private message. I will wait for your response.

    You have described the problem very well. I have tried every way to get name check done. I have gone for FP four times (three times after 15 months expiration as they screwed up twice) but still no end in sight. For FP, each time I have to travel to a city that is couple of hours away. Both, my spouse and I have to take a day off from work. So it usually costs us couple of hundred dollars just to get each FP done. We have contacted both the Senators of the state and my congressman. We have made some good contacts with the staff of the congressman and this is helping with this effort. They have all communicated that it is in name check and they cannot do anything. We have tried every suggestion that is posted on the web but nothing seem to work. So we completely understand and go through the same frustration and relate to everything that you and willgetgc2005 wam4wam & stirGC maybe going through.

    Hello willgetgc2005 wam4wam & stirGC,

    I would request you to please help retrohatao and all of us to make this effort a success. It would be great if you could please come forward and join this effort actively. It would be great if you could encourage others to join. Please tell others that simply reading/posting messages and not actively participating is like watching a game from the sidelines and still expect to win without even playing. Please tell others that no one can win by watching from the sidelines. Together we can make it happen. I will eagerly look forward to hearing from you.

    Regards,
    -WP





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  • varshadas
    12-14 08:20 PM
    Except for myself and Rajeev, no one joined the conference call tonight. C'mmon guys, we need some action here. We all ought to participate in these calls. Writing emails, coming and posting I am in is not going to help. We have to take actions here. I will set up a conference call on another day next week and please make sure you all attend.

    Thanks,
    Varsha



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  • cps060
    03-19 06:13 PM
    Thanks for the information.
    Does this mean that if my spouse wants to start school in Sept 2007, it is fine to keep working till August 2007, file I539 change of status to H4 then and then resign from the company once one gets that receipt notice. With the receipt notice itself its good to be in status and can go to school then. The actual approval may come in 3-4 months and that should not be a consideration for the school.

    Please tell me your views/experiences.


    H1 is a non immigrant but dual intent visa.. It is assumed that you might try to immigrate...When your spouse filed I-140 , the immigration intent came forth.. Now USCIS already knows that your spouse wnts to immigrate...
    F1 is a strictly non-immigrant visa. You have to prove your intention of not immigrating to USCIS....
    So your position for asking a H1 to F1 transfer is inherently weak....Again a good attorney can spin it....You need a an extremely good attorney....


    If you are paying out of your pocket, you can go to college on H4..
    Student loans are not available on H4...No financial aid of any kind would be available on H4...

    Transferring from H1 to H4 should be quick....I would not bother to file in premium...You are to stop working anyway....Just getting an application receipt should be good enough to start college....If the college allows, you can start college immediately....USCIS never objects to you going to college
    as long as you can pay....

    I know all this because I did the research when my wife started her college..Should finish this may..





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  • newuser
    09-27 11:08 AM
    http://return2india.org/



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  • pappu
    01-11 01:21 PM
    Hi:
    I just joined the chapter.
    Would love to be able to volnteer my services to this cause. How can I help? Also it may be a good idea to start a local support group for those of us in line waiting for this immigration hell to be over...may be a get together of some sort....

    Wishin' for a better future ahead for all us immigration victims
    PD for self: August 03
    Labor Cert: pending

    PD for husband: Dec 03
    Labor Cert & I-140: appoved.
    welcome.
    pls contact varsha and others to start chapter activities.
    varsha, pls plan some action items for the chapter.





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  • morpheus
    07-24 10:21 AM
    I believe you are overlooking three very important facts.

    1. The USCIS main priority at the moment is to reduce backlogs. Unfortunately retrogression works in their favor because it reduces the processing they have to do. Your proposal would increase the processing by forcing them to accept 485 filings and building up a backlog.

    2. The USCIS administrator would not be allowed to make a decision like this without input from Congress. It's radically different from concurrent processing, which is a minor administrative change. With AC21, filing 485 without a visa number would allow people to change jobs etc, so it is in the realm of political decisions, not administrative.

    3. The USCIS can't even manage to get premium I140 processing (planned since 2002), multi-year EAD's (overdue for years now) or issue regulations on AC21 (due since 2000). Even Congress can barely get them to act!



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  • immigrant2007
    08-12 08:10 AM
    Guys,

    I have thought of one more idea..

    We know very well that by current interpretation EB3 is permanently fixed to the back of the line. NO EB3 will get processed until the last EB2 who files in the year 2013 gets approved, (counting out the regular quota).

    And why are we here? Many believe (or know) that it is because of the 245(i) amnesty signed by Clinton and Bush.

    Isn't it ironic that the illegals that were put in the line are not being moved back as the line expands? Why only we legals? Maybe there is some scope to challenge the 245(i) visa number allocation and point out that legal immigrants are waiting in line then how can you admit illegals in front

    Anyone having the facts and numbers of 245(i)?


    I have asked this question over and over again but Iv doesn't seem to entertain it. IV number crunchers are busy developing and applying patent for a sofware on GC estimation.
    245(i) consumed EB3 worldwide quota and is responsilbe to backlog along with deliberate delay by USCIs.
    But thas history now, what do we do in future matter more...I think If economy doesn't improves EB3s are infor a big shock.
    Post election if Republicans win then they will do their best to deny GCs to all backlog guys so that they can enjoy thier loot (Social secuirty,foreclosed homes)...





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  • ash123
    02-12 03:41 PM
    FYI .. This post is what I received in e-mail few days back.

    I would like to bring to the notice of your readers, editorial committee and leaders of
    the Indian community of a systematic way that (legally) the US Government is practicing
    legal ethnic cleansing of Indians and Chinese and other H-1B visa holders.

    While it is agreeable that the current economic downturn is the worst one has seen.
    It is time to band together with what resources we have and make it thru this perfect
    storm. However, the machinations of a few politicians and the further connivance of the
    USCIS, we are about to see a systematic 'legal ethnic cleansing of Indians and other
    foreign professionals'.

    Leaders of the ethnic Indian community should take up this issue. Leading Indian attorneys
    such as Chugh Firm, Khanna Firm, Sheela Murthy, and leaders like Dr. Romesh Japra and
    Yogi Chugh etc should do something about this with their contacts at the highest levels.

    How is this happening and why is it ethnic cleansing?

    Since 1990's every year several thousands of Indian professionals come to the US. Because of
    delay in processing of their Green Cards a vast majority of them are on H-1B.

    With the current downturn, Sen. Grassley et all have raised such a stink that companies are
    forced to lay off H-1b holders first before they lay off any other US employees. While the US
    employers may not always do this. They are being shamed into revealing how they laid off
    US Citizens before laying off others. Net Net....Indian professionals are being laid off from
    large companies (ofcourse, along with layoffs of US citizens and Green card holders as well).

    Now, having been laid off, H-1b holders are forced to leave the country within 10 days if they
    do not find another job. Now, many are forced to leave the US as they cannot sustain living
    in the US. However, some enterprising few are finding lower paying jobs or are finding so called
    'body shopping companies' to file their H-1b transfer in anticipation of staying around till the
    economy improves and they can find suitable jobs. Here is when the systematic targetting and
    ethnic cleansing is coming to the fore. The USCIS in the past which did not, out of the ordinary
    question such H-1b transfers. is raising Request for Evidence (RFE) from these companies.

    These RFEs are raised in such a way that it is impossible to answer them. They are thus
    not only targetting the H-1b candidates, they are systematically undermining the people
    (companies) who want to help out H-1b candidates out of their predicament of being stranded.

    Imagine living in the US for the past 8 years. Owning a home, then getting in line for the
    Green Card. You are close to getting the green card but because of backlog you only get
    what is called the Employment Authorization Card (EAD). So, you continue to be on H-1b status.
    Then your employer fires you....

    There are two paths here.....Technically, with a EAD card you can get employment anywhere
    with what is called US AC21 Portability.However, AC21 EAD portability comes with the need
    that a person with EAD should have another job with the exact same profile and same salary.
    In this market who is going to give you a job with this exact profile as your old job. The only
    way for a person to stay on 'legally' is to file a backup H-1b.

    Thus a person in the 'last stages' of his green card also actually ends up joining a fresh h-1b
    software professional.

    Now, what will the USCIS do? They will ensure that they find some issue with the RFE response
    provided by the 'body shopping company' and issue a denial of H-1b extension.

    The body shopping companies are trying to be the Raoul Wallenbergs (helping with visa when a
    person is in distress - http://en.wikipedia.org/wiki/Raoul_Wallenberg). However, the USCIS will
    ensure that literally hundred thousand Indian and Chinese professionals are kicked out of the
    US. The same professionals who came to US to contribute to its success will now be kicked
    out of US against their wish. The companies who are willing to help them will also be harassed
    in the bargain, some of those companies will be investigated for non-payment of wages, some
    of them will be subjected to USCIS audits for trying to help these helpless people whose lives
    are being uprooted.....I am not in any way saying that lives of US citizens is not being uprooted.
    These are very tough times and there is no reason to pick on the helpless, unrepresented people.

    This is as un-american as it gets. US is famous for its chivalry. Over 5000 lives have been sacrificed
    in Iraq to foster democracy and fairness in that part of the world. This is an un-American as it gets.
    This is a planned lynching and killing of the 'spirit' of the foreign worker who came to US dreaming
    of making it the American dream and participating/contributing to its success.

    What should the USCIS do?

    Given the tough times...They should allow people to stay on in the US as long as another
    employer is willing to keep them in status. They should not question the H-1b applications as
    everyone knows that USCIS can find issues with every single H-1b extension filed right now
    with their respective offices. As someone said - Rejecting a H1b now is like issuing speeding
    tickets at INDY 500. Even the largest companies such as Microsoft and IBM can have their
    H-1b applications rejected by the USCIS with the silliest of excuse.

    What is in it for the USCIS not to do this ethnic cleansing?

    Long term vision for America not just right now. This year the US Embassies in India issued over
    98,000 visas to students from India. These are students who are paying their way thru education
    in the US (a country with the most expensive but best education). If it turns out that US specifically
    targets Indians for 'special h-1b rejection treatment' literally half of them will never aspire to come
    to the US within the next 2 or 3 years.

    Right now the economy is bad, but it will improve: It is a 'perfect storm' right now which is causing
    this downturn. The economy will surely improve in the next few quarters. There will then be new
    sectors of the economy that will boom that will need professionals. There will be enough work by then
    for these H-1b professionals as well as US residents.

    Confident and free people contribute positively:
    If the word spreads that even in bad times this society did not turn on them then the US people
    will be appreciated. But, if the message is, when you are down they will kick you where it
    hurts, then this society will not succeed. Just imagine, there are at least 250,000 (maybe more) people of Indian
    and Asian origin who would end up buying a house if they knew for sure that they could continue
    to live without the fear of being 'ethnically cleansed'. Most Indians and Asians save money and do
    not splurge. Just this measure of confidence will ensure that they will spend money in the US
    economy. Just their contributions will ensure that there is a bump in the housing sector.

    Finally, As they say - "Those who do not learn from history are forced to repeat it". The US
    is perpetrating a betrayal of people who could contribute to its success in the long run. But, what they are
    getting is a form of 'systematic and legally driven ethnic cleansing' - they are being identified and
    driven out of the country which they have loyally served for varying periods of time.....

    God Bless America....God Save America from 'some' of its own people.

    Thanks.



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  • vandanaverdia
    09-11 06:09 PM
    "The difference between the impossible and the possible lies in a person's determination."
    Tommy Lasorda

    Only YOU can convince yourself to do what is right for you right now. The time now is to march to DC!!!
    Help IV help you....
    GO IV!!!!





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  • srkamath
    07-13 02:31 PM
    It is just a temporary movement to capture as many visa number as possible. Dates will move back in Oct and surge forward in June 09.

    NO it won't !:);)



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  • Legal
    07-04 08:38 PM
    only other thing that would help India EB2,3 would be to use these recaptured numbers to be used ONLY for priority dates older than 3years or something like that. Even if achieve legislation to recapture the EB numbers.. unlesss we seek something like this EB India will be screwed for ever.

    I meant without country cap....





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  • meridiani.planum
    07-20 06:10 AM
    .... can some one let me know if during 2005 when perm was instigated was regular labor processing also going on or was it completed stopped during that time....


    upto March 2005 everything was pre-PERM, post March everything is PERM.
    Those stats in the earlier post refer to only PERM LCs (1350 for India).

    However I think there are going to be quite a few people with 2004/2005 pre-PERM PDs. In both mine as well as my wife's offices (big silicon valley companies) two things happened between Q4-2004 & Q1-2005 that contributed to many people with that PD:
    - lawyers rushed in with filings because PERM was new, not well understood, and any case that they could file earlier, they did.
    - the company had a policy of not filing GC after layoffs (2002/2003/2004) and by mid-2004 to end-2004 the economy had recovered enough that the companies felt comfortable starting GC processing again. All of us landed up in queue at the same time.

    If you look at the data also you see this 'anomaly' where there is a big 'clump' of cases with PD jan/feb/march 2005.



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  • canleo98
    11-22 02:24 AM
    I am unable to find USCIS internal I-140 adjudication manual. This could be my lifeline. Someone please provide link for it. Thanks!


    Here is your lifeline :D :) :
    http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf





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  • pbojja
    03-10 03:03 PM
    If you feel good by giving red then pls do it, but that doesn't change what's coming in your way.
    This is turning out to be TRUE.

    Past week, I made this comment and some people made fun of it. But, it's turning out to be true. They are now fully focusing on EB3 and I think they will continue to do untill they finish all Eb3. Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB. They don't have to make EB3-ROW current to give some spill-over to EB3-I. What ever will be left at the end of quarter will be spilled across EB's.



    They will do what ever They want to do ..They will take decssions based on them .. They may spill ..They may not spill ...They may suffer ..They may not suffer ..They may left over ..They may not left over ..

    Where They can be DOS,USCIS,Applicant or Numbers



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  • bharani
    11-04 11:31 AM
    Nrc2008064195





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  • lazycis
    12-20 08:49 PM
    Well, I moved a lot since 2001 and I don't know if the IO sent any documents to my previous address. Yes, I have unexpired H1B visa till Oct 2002(I-94 valid until Oct, 2002). In Apr, 2005, I went to Canada for stamping of my new H1B. I again made an appointment in Jan, 2008.

    No worries for you, if you were inadmissible they would not let you back into the country.





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  • sujith1
    11-22 01:39 PM
    I see a lot of posts here which talks about no salary increase and no change in position. I assume this is due to the employer and not due to the immigration process started.

    If the employer is willing there is nothing that stops the employer from giving you salary increases or changing your position while you wait to get your GC.

    This is what I thought but the posts here sometimes lead me to believe that if you get a salary increase while waiting for your GC your process will be hampered.





    snathan
    11-13 01:24 AM
    Did you see that whoever is crying for spillover is EB2 India. or EB3 ROW. He has his priority date pretty close to cutoff dates in bulletin. So they think by doing spillover their greencard will come few months earlier. This is a selfish thinking. IV should not help such people. They do not care about us. They only care about getting their own greencard. I will oppose this campaign and send letters against this campiagn to whoever you are sending. This campiagn does no help to EB3 India. I am sure many EB2 ROW will oppose you and send letters against your letters. You are trying to delay EB2 ROW greencards by taking from their quota. Even Chinese will oppose you because there are too many Indians blocking the system for everyone.

    IV should spend money for EB3 India rather then EB2 India who are already in advantage.

    Please first donate before demanding IV to spend for you.





    ak27
    12-12 08:22 PM
    Hello varshadas ,
    I was traveling last week. Let us start communicating over email. I am enclosing my email id
    ajay1857@gmail.com.. Let us talk and start working on some stuff. I have few ideas..

    Ajay



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