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  • alisa
    06-24 07:00 PM
    if we pursue independent applications (so both spouses have the option to stop working if they want to); is this the way it works:
    - file independent I-485s.
    - whoever stops working changes status to H4 or F1 (depending on what they want to do)
    - if one gets approved, the other withdraws the application made as a primary and files one as a dependent (since the other persons PD would be current at that point). Some lawyers say you can interfile the spouses I-140 at this stage, others say you cant.

    Can you add a dependent after your 485 is approved?
    Also, if I become a beneficiary on my wife's application, will I be able to maintain my H-1 status, and keep on renewing it?

    My wife and I are now leaning towards independent filing, with no beneficiary for now.





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  • coldcloud
    09-23 04:24 PM
    I guess we'll need to ADD to that number:
    1. BEC stuck folks who could not file in July 07
    2. PERM approvals starting August 07

    to the 47,728. Plus multiply by 2.1( for dependents ). That'll give the total VISA numbers required for this category to make it Current.

    If I have to guess-- (1) would be very less, may be 100-200 max
    (2) around 5000 ( just a PUMA)
    So, there are about 53000 EB2 I applications. and 2.1 * 53000 = 111300.

    If we can create 111300, EB2 I visas then it'll be CURRENT. easy:)

    I believe you dont need to multiply all of the 485 by 2.1 as already applied I485 will include the family?





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  • mamit
    02-26 05:52 AM
    Have there been reasons other than Pims for delays? I see a lot of 221g cases in the forums. Are these due to PIMS?



    I had my interview for H1-B (first stamping) at N. Delhi consulate on 5th December. I was given a pink 221(g) form, and it's been almost THREE MONTHS and I'm still waiting for my visa stamp. My lawyer contacted DOS and they said it was awaiting a "security clearance" and were not able to say anything about how much time it would take. Hope it helps.





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  • belmontboy
    09-23 04:15 PM
    This is probably as close information that we can get from horses mouth(USCIS). Just hope its true.

    horses don't lie man



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  • ujjwal_p
    09-24 05:47 PM
    Also, take a point to note that after August 2007, the overall volume has decreased drastically. Economy was good from Sept. 2007 to Aug. 2008, but still countries who were current, did not file as amany EB1s and EB2s compared to previous years.

    Also, another point to note is that government came out with this data at this moment, because this will instill a ray of hope in every EB individual on their future prospects due to reduced filing from Sept. 2008 onwards.

    If, the government came out with the same data, one year back, we would be VERY depresssed, won't we?

    So, there is a ray of light at the end of the tunnel.

    I think one common mistake that is being made everywhere on this board since the USCIS data got out is to make assumptions on demand. We are only being shown data which shows pending applications from USCIS. If USCIS releases data of how much demand by priority date they were getting then its a different thing. When you say , Economy was good from Sept. 2007 to Aug. 2008, but still countries who were current, did not file as amany EB1s and EB2s compared to previous years. are you basing that on this data released by USCIS or on something else. Because if you are then you are probably wrong. This data only tells you pending data as of Aug 2009 by priority dates. It could well be the case that USCIS got a lot of volume from Sep 2007 to Aug 2008 and processed them all and hence pending is less now. Hope you understand. The only way you can do it with some degree of success with current public data is by looking at PERM Filing data.





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  • 485Mbe4001
    08-20 06:18 PM
    if a change in interpretation is done intentionally, then USCIS admits they were allotting visas incorrectly during the previous years...if it were a public company, lawyers would be climbing over one another to file a class action suit...unfortunately all we can do is write letters, make phone calls and pray :rolleyes:


    Ron says at this site
    http://www.immigration-information.com/forums/showthread.php?t=5456

    that the change in interpretation is done intentionally. I am not sure if we can call it a mistake any more. For some agency to go all out and claim that they have "reviewed" and are therefore going to do things in a new way is kind of casting things in stone.

    Thoughts.



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  • Dhundhun
    10-05 04:25 PM
    Seems like there might be an internal memo or understanding between USCIS and DOS not to approve many Eb2 India 485 even though there dates are current, this is the only explanation I can come up for the lack for eb2 india approvals in October. Even with the limited number of visas every quarter I was hoping there would be lot of approvals because of Visa spillover occuring every quarter instead of once every year, but looking at the USCIS performance in the first week of october it seems like there wont be any quarterly spillover at all.

    Even if quarterly spillover happens, it will happen in Dec - that's what I think - correct me if I am wrong.

    I anticipated monthly EB2-I to be finished in two business days - more or less it appears to be (200 odds is a small number for India). Now I am waiting for prioirty dates - whether they show +ve movement and next month for approvals.





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  • royus77
    06-29 06:47 PM
    http://aila.org/content/default.aspx?docid=22799
    Can anyone having access post what is there?


    its already published ..go back on the thread..same old story which Oh reported about AILA push



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  • nixstor
    07-10 07:39 PM
    Posted on Yahoo India News by Indian Express

    Say it with flowers: Gandhigiri for US green cards

    http://in.news.yahoo.com/070710/48/6hwnn.html


    We all know that IV is not Indian. More Indian!=All Indian. Lets not worry about it and most importantly I request IV members from all countries to ignore it as a reporter mistake as they script stories in their fashion to elicit more coverage. It is almost impossible to edit the story that has been distributed by Reuters/AP. Once its gone, its out of their hands.





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  • suriajay12
    03-10 09:07 AM
    You have to be kidding! Here people are crying to get there EAD's extended and you think the Govt will give us citizenship???

    Please i suggest everyone to wake up and smell the coffee/chai.

    If you think giving us citizenship will be easy becoz it will prop up their vote bank think again coz it will never happen. Imagine the headlines which says recession time 10M americans out of job, foreign workers to get citizenship LMAO!

    Forget this ever happening in a recession time and not much of a chance in the boom time either, see how the Anti-Immi's will eat everyone up for this ridiculous suggestion, please remember we're nothing in the larger scheme of things for the decision making people, we need to understand our limitation and strengths and play by them, IV does a decent job of that.
    Do think rationally before coming up with ridiculous ideas like giving senators free pizza or asking for-direct citizenship. lol.

    I strongly support this thread and the message. Lets make an action plan how to pursue this.

    Devils_Advocate: I know your type. But you must also understand that unless the line in front of you is cleared, you and I will go down the drain. You are talking about EAD. I dont even have that, yet I support this.
    Your thinking appears narrow minded. Wake up.



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  • optimystic
    08-21 08:53 PM
    current Visa bullettin does not give any info about next months...its talks about other workers..can you point to the sentence where it says it going to be april01-nov 01??..

    Besides..you have been waiting very long from 01..just like me..incruiating..wait..

    Here's a quote from the Sept Visa bulletin http://travel.state.gov/visa/frvi/bulletin/bulletin_4328.html

    The Mexico F2A and Employment Third preference cut-off dates are �unavailable� for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September.


    June cutoff for EB3-I was Nov 2001. So worse than this means, the cutoff will be eariler than Nov 2001. And I picked Apr 2001 as the lower bound just because, Apr 2001 is a very well known time frame where the PDs just hung there forever for EB3....dig around in the forums to know more about Apr 2001 and its relation to EB3, backlogs, etc....





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  • ganesha
    08-20 12:33 PM
    Dear IV friends,

    One news, call to india free for 24.99 from vonage plan starts today.

    Thanks.


    Just changed my plan from Premium Unlimited to World Plan at no extra cost....



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  • Canadian_Dream
    03-27 03:05 PM
    IMHO you misinterpreted the memo. An employer can definitely choose not to hire based on immigration status. This has happened in the past (circa 2001) and evidently many employers do not hire H1B or any employees that require "job related" sponsorship. From the same link, in the next para it says that employers can clearly specify that they will NOT do sponsorship without violating the law. The only question is what is considered a sponsorship, any restricted position (in terms of job responsibility) can constitute a sponsorship (where by employers have legal burden beyond what it takes to hire a US Citizien/Permanent Resident for the same position). H1B definitely falls into this category and EAD borders that category. I am not an expert in labor laws but my experience says that employers have too much control on who they want to hire they can get by with almost anything. The biggest hurdle against any law suit is, EAD is an obscure document with very little clarity about rights that come with it and its usage. It was supposed to be an interim document whose usage only now is becoming main stream. May be one law suit or precedent will clarify it all. But once again employers will get by it the same way they get by with age, ethic, gender and racial descrimination.

    The bottom line is if a corporation has decided upon a certain policy (how much stupid and discriminatory it may be) it is futile to fight it becasue they will do it one way or the other. It is better to find an employer who respect your talent and what you bring to their organization as opposed to what kind legal papers you are carrying. What's happening with the EAD situation generally happns in a tight labor markets and we are in one now. In 2005-06 these same employers were fighting with each other to get as many H1B by filing twice the application allowed on the same day and now suddenly EAD is a problem. According to this website Capital One has 1200 H1B's.

    http://www.myvisajobs.com/H1BVisa/sEmployer.aspx?E=Capital+One&OG=All&SO=All&Y=All&SON=All






    There is a whole lot of good information about citizenship or immigration status discrimination at http://www.usdoj.gov/crt/osc

    From their Employee Brochure:
    http://www.usdoj.gov/crt/osc/pdf/publications/en_wbroc.pdf



    From their Employer Brochure:
    http://www.usdoj.gov/crt/osc/pdf/publications/en_guide0507.pdf



    From OSC Update newsletter April 2004:
    http://www.usdoj.gov/crt/osc/pdf/osc_update_APR04.pdf



    FAQ:


    If you are told by an employer (verbally or in writing) that they will consider only citizens or green card holders, call the OSC hotline. They may not give you the job based on some other criteria but they will not discriminate anybody else in the future.

    If you find any job posting or ad which states that they will hire only citizens or green card holders, or explicitly declines to hire somebody with EAD, post it here. If you don't wish to, maybe somebody else can make the call.

    In most cases it would be pure ignorance on the recruiter's part. A simple phone call from OSC will clear that.

    Of course the best course is to avoid bringing up EAD in the first place. But if it comes to that, you can reach out to OSC, even if you don't have anything in writing.





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  • roseball
    09-24 08:39 PM
    Any body know why there are 3341 cases in March 2005 in EB2 I category, is this about the time PERM came?With out quarterly spill over bulletin is going to get stuck in March 2005 till the end of the USCIS financial year.

    Yes, PERM was introduced on 28th Mar'05. I guess the high number of EB-2s was due to employers rushing to file under the old system.



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  • vamsi_poondla
    01-10 06:47 AM
    And for doing #3, the community must cooperate.
    If you have noticed, IV has done various campaigns in the past, though results are not guaranteed, enough publicity and buzz has been created and now we have more people uniting.

    It takes time for big things to happen.

    Mountains can be moved only by motivation, in fact #1 and #2 can never move mountains.

    in 1970s, America opened up green cards to doctors, engineers and chartered accountants from India. A lot of doctors migrated that time and after a while there was heavy resistance from local people but govt cannot stop people from coming, so they implemented harsh rules to appease locals. One such rule was, even if you are a professional - you cannot take a job offer without going through the employment exchange. And in the employment exchange the job they give does not necessarily be the job that you can do. This discouraged new people and many people went back though they had green cards because they did not want to ruin their careers. Everything was good till you land here and no one told u about this situation. People never realised it till it hit them hard and as usual our community is scared to rise and no unity and no one speaks the truth, everyone just painting a rosy picture that they are doing great.

    So, I would only say "Don't look at the result", just keep doing the effort. Try to build trust among the community. In fact you will be surprised to see that it is easier talking to the govt to help you rather than talking to the many unmotivated people who want benefit but are not motivated to do something about it. Keep those people in mind and do somehing to change their minds and set an example.

    I second Chandu.

    Look at this way.. We are not asking anything unfair or outrageous. All little provisions that makes our lives easier. Some are even basic human respect issues and involves trust. As highly skilled immigrants, we deserve this.





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  • puvathoor
    01-14 03:36 PM
    I have sent letters on my and my wife's behalf..

    Urging my acquaintances who are in the immigration Backlog to do the same..

    Administrative fixes are a good idea.. I think the key to success in reforming the system will be a stealth and incremental reforms rather than any "CIR" type of fixes..



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  • kcforgc
    08-21 12:05 PM
    I made a few calls to India (land line) yesterday and saw the int'l charges for those calls. I'll be calling vonage customer service and talk to them. Did anybody else look at their call activity in vonage account????

    Thanks





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  • alterego
    05-27 04:01 PM
    My EAD expires today, I applied for the renewal on April 6th. This is my 4th EAD and I totally missed to apply in time this time.

    1)Is there any way to speed up the process to get the EAD soon?
    2) I cannot work from next week is there any way I can get through this ?

    Thanks
    Rajesh


    Tough problem indeed. Especially now that they are not entirely following their rule to give you a 90 day response. Instead they now suggest you apply 6 months ahead! For a document valid less than a year and for which the filing price is expected to double soon. They are basically asking you to apply every 6 months or so. I wonder why they do not charge 4 times and give it for 2 yrs, atleast we can avoid the stress.

    Anyway, one consolation is that my lawyer says they have been approving it with an effective date the day after your last expiry, but thats not a guarantee. The situation sucks. I applied 95 days ahead(my 3rd EAD application by the way) and am still a little antsy with a month to go. Of course you remain in status due to pending 485 but whether to go to work is a different matter. I personally am planning to take a few days off at that time should it come to that.

    Let me know how yours goes.





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  • smitha
    07-09 08:42 PM
    Hello all
    I am a silent visitor of this website.
    Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
    Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??

    Please try to understand their problem.
    Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????

    My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???

    Isn't it a shame on us to go for Rally to get GC?????:D

    Just think that you will get it when time comes, otherwise pack up.

    Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.

    EB2 India
    PD-2005-May
    I140 approved-Sept 2006





    alterego
    05-21 09:17 PM
    Thanks for your respons. I felt a bit relieved.
    I cannot renew my Driver's License if I don't have a valid work permit. I doubt whether the Receipt notice is enough for the Drivers License office to issue a new DL. I changed my employer and the new employer may ask for a new one. But I'm hoping that I might get one in less than 3 months. Let's see


    I am in a similar situation. I applied just 95 days before. My lawyer "forgot" and I applied in a rush in the end. I am hoping it will not be a problem.
    My understanding is that you will remain in status even if you do not have EAD or AP. However you cannot work.
    I have a meeting with my lawyer on wednesday. I will be asking her about this. I am hoping for peace of mind that this does not become an issue.





    immi2006
    10-21 11:52 PM
    I filed for my wife ( I have a Unique A # and so does my wife A#)

    My WIFE filed a seperate 485 with her 140 for herself. Her A # here matches the previous step. We did it so that my name did not appear in both so there will be less chances for a cancellation. I will do follow to join incase my wife applns goes faster

    We applied AP and EAD for both of us, using my Application.



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