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  • rodnyb
    03-31 08:21 PM
    Yes, I mean EB5. Another not, DOS/CIS waited till now as it takes some months to get a trend, as it seems CIS is cracking down on EB1C since later last year, and it took some time to see EB1 usage fall off and is plateauing now.

    I wish 12K is for 6 months only, and that 24K total this year will surely clear all pre-07/2007 EB2 I/C. However, it seems as unlikely, I looked at historic EB1 approvals on DOS statistics page, EB1 has about 40K quota, their usage
    2002 16K
    2003 14K
    2004 18K
    2005 21K
    2006 24K
    2007 30K
    2008 39K
    2009 42K
    2010 41K

    So even if we think all surge after 2006 is due to abuse use of EB1C of india bodyshops, EB1 will still use about 24K, which left about 16K for EB2. I am sure those bodyshop ppl will apply under EB2 now, and I hate to say, but EB2 after 07/2007 seems still a daunting task, only visa recapture will help.


    Do you mean 8K from EB5?





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  • zram1977
    08-13 11:41 AM
    Hello guys

    Today I had an infopass appointment but it was not at all helpful (The chinese guy whom I talked had no idea at all).. could any body please tell me how to open SR (Any help is greatly appreciated guys)

    thanks

    The same thing happened to me... today morning...

    Hi Techeforever...
    qq
    Is it in San jose,ca ?

    Thx





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  • desi3933
    01-30 10:03 AM
    Hmmm - not sure because, if the job requires that someone must have security clearance - the job must clearly mention that someone with security clearance is needed. What is the point in hiring a citizen without security clearance (unless they want you to get clearance aftewr hiring)

    Non discriminatory postings look like this
    (1) Authorized to work in US for any employer
    (2) Requires a security clearance

    One cannot specifically say - I don't want EAD or GC or I want only Citizens.

    Desi3933 and other knowledgeable folks out here - please write your comments. I hope I am not wrong.


    There are 3 kind of jobs -
    1. Jobs that require active security clearance - this kind of job is only limited to US citizen that have security clearance of that level. Yes, tehre are different levels in security clearance as well.
    2. Jobs that will be in unit where everyone must be US citizen. These kind of jobs can be filled by US citizen without the need of any security clearance.
    3. Jobs that are open for everyone - One must have active work authorization.

    The vast majority of the jobs are of type #3. In any case, if job requires US citizen, the hiring place must be able to answer why that job is restricted to US citizens only.


    _________________________
    US citizen of Indian origin
    Not a legal advice





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  • imneedy
    05-16 02:31 PM
    Will i face any problems in future when our pd becomes current.
    Our lawyer says there should not be any problem but i don't know if he is correct.:(

    It is not clear what you mean when you say that. How can you get EAD without filing for 485 [which you can file only when your PD is current].



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  • TNMan
    05-09 10:49 PM
    Maybe we can use the H-1 B reform bill, to recapture unused visas during the last many years. Make H-1 B tough but at the same time, release those green card numbers. Carrot and Stick approach.

    You are correct.

    Reform H1-B

    1)Make H1-B independent of employer. THis way all these PIMPS (desi consulting companies) don't exploit us.

    2)Make Green card independent of employer. Give green card if your period of employement in US is > some years (UK style)

    3)Make H1-B processing times to mere days and make it stricter where in genunire companies apply (not desi dalals or shitholes like infosys,tcs,wipro, satyam)

    3)THe above thing is most improtant since it gives H1-B to genuinine companies or not some fake expeirence guy sitting in a famous city in India

    4)Please really scrutinise L1s. They are the one who are responsible for lower salaries and taking the jobs away from USA to India.





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  • reddymjm
    08-07 10:15 AM
    These are the red dots and comments I have got so far:
    Calling US educated and... 08-07-2008 10:54 AM anti-immigrant in the making
    Calling US educated and... 08-07-2008 10:30 AM
    Calling US educated and... 08-07-2008 10:24 AM Selfish!!!
    Calling US educated and... 08-07-2008 09:37 AM very disappointing post.
    Calling US educated and... 08-07-2008 03:12 AM From your post one thing is clear, you are an embodiment of selfishness. Oh by the way, I am also an EB2 guy who could benefit from your proposal. After GC, what is next stop? NumbersUSA ?

    To get More greens and Sympathy.



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  • nogreen4decade
    08-18 07:30 PM
    Congrats!!!! Can you please tell the SR process? Do we have to tell the reason why we want SR on the case? If yes, what was your reason to open SR? Thanks!


    Bhai logon... mera bhi number aagaya... I got the the approval email and status changed to Decision (for me and my wife).

    Best of luck for those waiting...

    FYI: I opened SR on Aug 4th... Yesterday I got response that my GC is approved (but the status online was still Initial review) and now today morning my status changed and I got approval email and an SMS too.

    Given the above, I seriously think SR works. They must have checked my SR and then approved my GC.





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  • sri1309
    09-14 05:03 PM
    My colleagues and friends are sending e-mails to Judiciary committee members. I am preparing draft for this mail. I am going to divide this mail into sections. One section describing what H.R. 5882 is (recapture, justice against discriminatory treatment based on country of birth, USCIS efficiency) and another sections would describe what it is not (not amnesty, not an increase in numbers). I want a link to the testimony given by USCIS director in congress confirming the wastage of green cards. Can someone quickly direct me to that link?

    I just got about 50 posters double the size of our regular 8x11 that have the Americal flag background. I will be putting some simple messages to support 5882 to consider immiedate recapture of visas. Also clearly asking to support EB2 AND EB3 INdia. And that we are unable to buy houses cos of this limbo.
    In your messages, please suggest atleast one reason how we help the country, apart from our regular x,y,z qualifications. I will be saying It helps fixing housing crisis.

    Thanks,
    Sri.



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  • gc_wow
    09-23 09:32 PM
    May be it was updated on the website on 25th Aug 09, System date should be present on the report, Report with out date on it is meaning less, I hope the USCIS IT team will understand that, I dont understand what kind of reporting specialists USCIS hires, that is a fundamental thing USCIS should know, Report should have a system time stamp on it saying when it was generated.





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  • malaGCPahije
    08-08 09:41 AM
    If the job required a EB2 or EB3 but EB3 was filed earlier. Is that possible?

    for the same job position it should not be possible. When the employer filed in EB3, the employer must have provided all documentation necessary to justify the EB3 status. If now, the employer has to go back and indicate that the job requirement matched EB2 status, then that indicates something was not done right during the earlier application. That could right away trigger a RFE.



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  • needhelp!
    01-11 05:40 PM
    source is USCIS Ombudsman

    �218,759 EB visa numbers available for recapture since 1994. See Page 34 in the report for the full breakdown. Click on the link for the Ombudsman report (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf) May 2007.

    What is the source for the number 218,000? Is this purely speculation or in some official reports? USCIS Ombudsman report, some official USCIS publication or from any other organization?

    Thanks!





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  • abuddyz
    02-29 08:21 AM
    here are some updates..

    i received reply to my inquiry email from mumbai consulate. and they wrote following in email

    "Please wait till you get an email from us.

    Mumbainiv/vd"

    I also visited the inquiry window at mumbai consulate personally and here is the coversation I had..

    me: I had my H1b visa interview on feb 11 and I want to know the status of my visa.
    she: what is your name (did something on computer). it is still pending for verification
    me: how long will it take?
    she: it might take another 1 or 2 weeks
    me: i was initially told that it will take only 1 week and it is already more than 2 weeks.
    she: it takes time
    me: what is the procedure to withdraw my visa application
    she: if you withdraw, how will you go there?
    me: i have advance parole document with me
    she: it is advisable to wait for this visa. if you go on advance parole, you might be inquired at port of entry.
    me: i have to find some other option as my client is waiting there.
    she: if you want to withdraw, you can send an email or you can come here personally but it is advisable to wait for this visa (she said it again).
    me: (i again asked) so i can withdraw and then go back using advance parole?
    she: as I said, it is advisable that you wait for visa

    I hope this is useful to everyone..(i have decided to wait for the visa and not use advance parole)



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  • mallu
    09-14 10:25 PM
    http://boards.immigration.com/showpost.php?p=1781566&postcount=6128





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  • Canadian_Dream
    12-06 08:07 PM
    Yes I had one pending and no RFE was received for either. My lawyer is expecting a notification from USCIS stating the second one is withdrawn.

    congratulations! So you had the second I-485 still pending when teh first one got approved? Did you get any RFE about it from USCIS or were you asked to withdraw one of the petitions?



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  • jcrajput
    09-25 09:18 AM
    I am july 2 filer with no activiy in the case. NO RN, NO CC, NO DATA in System.
    I would like to send fax or e-mail to congressman.
    Anyone know here how to find local congressman?
    Anyone has templeate of letter to fax or e-mail?

    We hope for the best.
    Thank you.





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  • gc_on_demand
    08-21 10:42 AM
    All of you guys are smart ,highly skilled immigrants.

    Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..

    Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.

    same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
    He left current employer and found another who willing to apply under Eb2.

    Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.

    CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.



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  • bfadlia
    03-25 04:14 PM
    All these requirements are Position Specific. Before publishing externally, most companies (HR) decides the policy first for an example to which kind of person they will hire for this position like " We will not consider H1 for this position" seeing the "Critical and essential need of "blah " blah"..." And they then follow it. So it may happen that one person gets an answer " We do not consider EAD holder for this position.." and next month you may meet somebody (EAD Holder) working for that company on EAD but for different position as company made apolicy to hire EAD holder for that particular kind of position.

    makes sense, parallel to saying x job only available for phd holders, y job for masters
    but that's legal because a job can benefit from the skills of a phd holder, while in our case of EAD vs GC or Citizenship the employer gets no benefit, it's just his arbitrary will, that what made it illeagal





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  • cse_us
    03-25 03:50 PM
    Kaiser started this new rule to not hire folks on EADs as of last week.
    I thought, this may be the work of various vendors who fear of losing lot of their employees jumping to the Client as Full time employees. Dont know actual reason yet.





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  • p_aluri
    06-25 08:07 PM
    I need some help from you guys..

    What would be the answer for :

    Were you inspected by Immigration officer under part # 3 on I-485 application?

    I really appreciate your input..

    Thanks,


    My spouse and I live in different cities - each will file their I-485/EAD/AP. She as dependent.

    What should the spouse write for her address? Her current address, or mine?

    Please advise.

    Thanks

    Ams





    nrk
    09-13 09:08 AM
    Received physical cards and welcome notice on the same day.

    FYI





    gcisadawg
    08-20 01:07 PM
    DOS has alloted most unused visa # into EB2 category this year, and EB3 was stuck due to no additional unused EB1 visas.

    Visa Bulletin mentioned they did this in according to the requirements of Section 202(a)(5) of the Immigration and Nationality Act. But actually this might be a misunderstanding of Section 202(a)(5) and Section 203(b) - There is NO words in the act on how to allot unused visa # to differnt categories. Even the country limit and category limit would not apply if there are unused visas #. The allotment Mr. Charles Oppenheimer did horizontal spillover caused longer and more backlogs of EB3.

    Congress has a concern on the backlogs and Bush's administration promised to reduce backlogs as much as they can. If Immigration and Nationality Act allows the government to spillover the unused visa # to EB2 & EB3, and a more humane and fair system should take care of early priority date first and do whatever the government has promised, should we ask Mr. Charles Oppenheimer to think about alloting some unused visas to EB3 so it can move forword a little bit?

    That is not true...If you look at the Visa Bullettin, it says

    First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

    Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any umbers not required by first preference.

    Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".


    Based on the above EB1 spills over to EB2 first.....Eb3 gets unused EB2.
    EB3 gets EB1 only if it is not used by EB1.

    I'm EB3-I with Oct 2003 PD and I understand your frustration. There is hope only if a legislation change happens. Based on my calculation, there are about 50K to 60K EB3-I pending before me.

    Thanks,
    G



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