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  • abhijitp
    07-15 01:33 PM
    For the long run, we REALLY need "monthly sign-ups"! However every drop counts, so I am going to pitch in with my $5! Good initiative eb3_nepa!




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  • drirshad
    09-11 09:04 PM
    Every visa bulletin there is some information of the coming months processing that needs to be interpreted. The Oct 08 bulletin talks about the following:

    http://travel.state.gov/visa/frvi/bulletin/bulletin_4357.html

    E. EMPLOYMENT VISA AVAILABILITY

    Item E of the May 2008 Visa Bulletin (number 118, volume VIII) indicated that many Employment cut-off dates had been advancing very rapidly, based on indications that the Citizenship and Immigration Services (CIS) would need to review a significantly larger pool of applicants than there were numbers available in order to maximize number use under the FY-2008 annual limits. That item also indicated that if the CIS projections proved to be incorrect, it would be necessary to adjust the cut-off dates during the final quarter of FY-2008. The CIS estimates have proven to be very high resulting in: 1) the �unavailability� of all Employment Third preference categories beginning in July, 2) the �unavailability� of numbers for China and India Employment Second preference adjustment of status cases during September, and 3) the establishment of many October Employment cut-off dates which are earlier than those which applied during FY-2008.

    Little if any forward movement of the cut-off dates in most Employment categories is likely until the extent of the CIS backlog of old priority dates can be determined. It is estimated that the FY-2009 Employment-based annual limit will be very close to the 140,000 minimum.




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  • conundrum
    04-30 04:03 PM
    hmmmm.. they ran out of questions. We should have supplied them with the questions and they would have had to stay up all night just to get through the question we can come up in 1 hr!!!!!




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  • desi3933
    08-04 04:07 PM
    What is wrong with bonded to 1 job type ? You file AC21 but job type should be similar. You cannot become a company's Vice president if your labor was for Programmer, why are you picking on things ?

    If one is lucky enough to get a job of company vice-president then I am sure, in that case, company can do another I-140 and get PD ported.

    BTW, I am yet to see any such cases where someone is offered job offer for vice president whereas he/she is working as Programmer.


    The guy sitting next to my cubicle is here more than 7 years, he's waiting for his 140, he's stuck with my employer while he wants to move since he has a 3 years degree than a masters, He was considered a EB-3 I. Don't you think he wants to know how many decades it will take for his dates to get current ?
    If it doesn't apply on you doesn't mean these are not facts...

    I wish that he (guy in next cubicle) gets I-140 approved soon.

    >> He was considered a EB-3 I. Don't you think he wants to know how many decades it will take for his dates to get current?

    If his qualifications does not match with EB-2 job qualification, there is nothing much can be done in that case.

    I am sure that many people would like to know when their PD is going to be current, but this can not be answered by anyone. Visa Bulletin dates depends on various input factors and they keep changing every month.

    The PD uncertainty is, obviously, a part of GC process and kinda unknown factor.



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  • chisinau
    07-23 02:46 AM
    My attorney told me that there is a chanse that they will be able to approve my DS230 this time, before the retro will hit us again in August. Hope his data is correct. Usually they need 5 - 8 weeks for DS230. And as far as I understand the process, they work with DS230 only if your PD is current, so until the 17-th of August we might hear some good news about DS230. But this is the only positive outcome of the July VB for us.
    If the October VB shows "current" for our PD we would have our appointment in consulate. Othervise, no GC in near future.
    From my point of view, the chanses to have our interview in october or november are slim. There is a lot of applicants in EB3 before us + I485 recent August approvals. Where they will find visas for AOS applicants? They have already waisted all visa numbers for 2007, but still alowing to file I485... About I485 I am not sure, correct me if I am wrong. Anyway, I believe that there will be severe retrogression begining from the next Fiscal Year.
    The only hope we have - is "bridge legislation" for schedule A. Without it even persons on advanced stages of CP will have to wait months or even years for the interview:::((((

    P.S.
    Just curious.:::))) Where are you from, peyton sawyer? Where in the US are you going to live? I am going to High Point, NC.




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  • pani_6
    06-05 09:55 AM
    What happens to people on EAD and AP...what would happen to thier status...This law does not make sense..I think it may be for people who have not filed for I-485..

    Why take all the approved application and create another backlog..although Congress passes law ..its upto USCIS to intrepret it so that it makes sense to them and then apply it...

    It will create unneccesary Choas if people again have to start from scratch after waiting for 5-8 years...and with the back loga they have right now..you can safely assume that this it not affact majority of us



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  • gc28262
    03-12 03:12 PM
    ................................................
    .................................................. ..................................

    Core team may not like this but I can understand your point. There is a communication gap between IV Core team and members. Core team wants to hide everything they are doing assuming that anti are reading the forum and they will know what we are doing. On other side members feel uncomfortable as nothing comes out as solid / strong plan of action. There were couple of instances were I personally felt that core talks too much among themselves and release almost zero information to members, it may be good for community overall but not good for an organization where everyone is participating directly or indirectly. By recent posts by Pappu, I think they are improving.

    We need to give them a chance as anyways their act is selfless. They may be lagging in personal management but they are not bad by heart or doing anything for personal benefit.

    With all due respect to the selfless hard work of IV core, I concur with ItIsNotFunny. There are many members who feel this way. IV core should be more open to members. I feel a cloud of secrecy always surrounding IV. Of course they cannot be public about all their activities, but more needs to be done on this front. You will see more members actively participating if core is more open.




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  • Jimi_Hendrix
    11-30 01:10 AM
    Day: Thursday, November 30,2006
    Time: 7 PM PST
    Conference Dial-In: (712) 432-3000
    Conference Bridge: 227974

    All new members including Thiru please dial in to the conference. Also new members please forward me your e-mail address at amitg_2000@hotmail.com



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  • phugar
    05-09 05:44 PM
    can you please let me know what all immigration documents they asked for. My loan with WellsFargo is approved and is currently being underwritten




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  • swissgear
    08-23 08:47 AM
    see below.. I think you should be OK.
    USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)

    Looks like 10 years experience is required for individuals applying under "Exceptional Ability".

    They are targeting the wrong cases. They should have made the eligibility for EB1 Intercompany transfers harder by putting in more restrictions. Every tom dick and harry are eligible for the EB1 route. I know of many cases where the individuals are paid less than 70k and are processed in EB1 even though they have less than 10 yrs experience ,using the term multi-national executives. No offense on these individuals, but its not fair to impose restrictions on highly qualified compared to the EB1 Multinational route. JMHO



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  • arkrish68
    09-27 12:45 PM
    Arrived in early 2001
    started processing GC in 2003
    filed 1st application in 2003 - application went to backlog elimination center
    left the company, filed second application in March 2006 - EB2
    got I 140 approval in 2006
    applied for I485 in June 2007
    Waiting till today for the I485 approval




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  • bigboy007
    06-03 01:35 AM
    I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :

    Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.

    Here it goes :

    There are two important sections of Student visas.

    this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
    ================================================== ====

    (c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
    14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
    15 is amended—
    16
    17 (1) by striking the parenthetical phrase “(other than a
    18 nonimmigrant described in subparagraph (L) or (V) of section
    19 101(a)(15), and other than a nonimmigrant described in any
    20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
    21 such section) " in the first sentence; and
    22
    23 (2) by striking “under section 101(a)(15)" and inserting in its
    24 place “under the immigration laws.".
    25
    26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
    27 Subsection (h) of section 214 of the Immigration and Nationality Act
    28 (8 U.S.C. 1184(h)) is amended—
    29
    30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
    31
    32 (2) by striking “if the alien had obtained a change of status" and
    33 inserting in its place “if the alien had been admitted as, provided
    34 status as, or obtained a change of status";


    ================================================== =====

    what does (c) in Student visas do :

    214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.

    As stated in US code of Law this is what it is :

    ================================================== ======
    "Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."

    ================================================== ======

    By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.

    Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.

    This is how : when (d) of the above Student visa section is applied this is how it turns :

    This is from US code of rules pertaining to 8 U.S.C. 1184(h)

    (h) Intention to abandon foreign residence
    The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.

    ================================================== ======

    Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.

    based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.

    Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we seeking GC.

    Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.

    *******************

    But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.



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  • 485Mbe4001
    06-10 12:32 PM
    From Ron Gotchers site:-

    Something is seriously out of whack. EB3 is "unavailable." EB3 "other workers" however have a cutoff date. The applicable statute provides:

    "
    Quote:
    203(b)(3) Skilled workers, professionals, and other workers.--
    203(b)(3)(A) In general.--Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
    . . .
    203(b)(3)(B) Limitation on other workers.--Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii). "

    That's not a set aside for "other workers" - it is a limit. In other words, "other workers are not guaranteed 10,000 visas each year, they are limited to no more than 10,000 visas out of the 28.6% of the overall quota that is guaranteed to EB3 applicants.

    How can "other workers" have a cutoff date when the rest of EB3 is unavailable?




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  • optimist578
    01-03 03:01 PM
    I am confused and think about this daily. I am here in US for the past 8+ years and I am 33 now. All my friends who have stayed back in India are in very good managerial position and earning well. Money is not the issue now, but the career.

    I thought about going back to India and when I started the job search, I ended up seeing myself aged out. Being stuck with my GC, I am now continuing as a Sr Software er for the past 8 years. I did not move up an inch all these years and I did not think it is going to affect my career till now. Now if I look back, I sometime think that I have made wrong choices unknowingly.

    In India:

    1. I am not fit for Sr Software Er position as guys from college with 2+ years of experience fills that position.
    2. I dont want tech lead / team lead as I hear from my friends there it is going back 5years for me for my age.
    3. I am not getting project manager position as I do not have any managerial experience.

    If I get a good position in India, I am ready to go back. At the same time, I have two kids who are born here in US and I own a house (technically I am proud owner of mortgage debt not house) here in US. I have to close all my debts before I decide to go back.

    I AM NOT IN CLEAR STATE OF MIND. MAY BE GETTING GC WILL HELP ME OUT.

    Exactly same thoughts cross my mind too. I am planning to finish my Masters, on a part-time basis, after which I have to decide my direction for good. I don't have any kids so that is not a factor to hold me back to this country. But I face my biggest discouragement about returning to my home country, when I think of a typical workplace atmosphere there. If you are working for one of the software firms delivering services to international clients, you might end up as someone who simply follows the orders from overseas clients - working 14-15 hours at least 6 days a week. Add to that the living conditions, feudal bureacracy and you have conjured up a recipe for formidable hardship and frustration. On the other hand, US has a growing economy and newer opportunities come here first. Also I have quite a few friends here who have got theirs GCs and are doing good. So, that serves as a sort of inspiration for me.
    So, overall, I am also confused. My wife is my driving force, positive about making it big here- business or corporate world and my only hope. But she has been put up at home, now for more than 4 years; pretty hard to imagine especially with MPhil and an MS from US universities.



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  • red200
    12-11 03:37 PM
    Hi Pappu and IV seniors,

    I will contribute to IV generously(monetory and otherwise) if you help us with the prefiling of EAD for approved 140's, atleast USCIS will get money from us every year and it helps us too ...................


    Yes if this is one of IV's agenda . I will contribute as generously as possible




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  • unseenguy
    02-13 10:40 PM
    So Mr Nathan, email me when you have contributed more than $500



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  • ruchigup
    02-09 03:26 PM
    Life is about compromise and you are right it is hurtful to the future of baby who don't realize what is going on. Baby really need both Mom and Dad, pls try to explain this to your wife.

    About cutting off with parents, she can chose not to talk to your parents and/or you can chose not to talk to her parents if things are not right. But forcing to breakup with own parents is utterly wrong and unacceptable. You can try to explain this to your wife.

    This is your side of story "She started harassing them too by saying something or other. " and you must remember there is something called postpartum depression which Indian parents in-laws don't understand when they come for their daughter-in-laws delivery. I have heard few other cases when things went really bad after delivery.

    Try to explain her that she and child are your first priority. I am sure you have tried to do this many times, try few times more. If talking results in a fight, try sending a long thoughtful email (make sure any of it can't be used against you if things still don't get better, probably you can use it in your favor if needed about the efforts you put in to improve). Before even thinking about divorce try to give life a 2nd chance and may be 3rd chance.

    I must say that it is hard to believe that in this whole thing you/your parents didn't do anything wrong and one fine day your wife went nuts. Try to analyze yourself too.

    These things are very depressing and sad and only the one who goes through it understands. Easier to give advice.

    Hi,
    I been a member of IV for a long time and just to keep myself anonymous for a while I created this account. I am so sorry for opening a thread in a completely irrelevant forum but I have no idea what to do. So, I request all the members to please help me by providing some kind of information.

    Here is my story:

    I came to US in 2002 and completed masters and been working since then. I got married couple of years ago. Whatever the monetary gifts the girls parents gave as part of the marriage, I put all that in an account on the girls name within 2 days of the marriage. We came to India and from then on the problems started. She and her parents want me to separate from my parents and support their family by sending money to their parents which I couldn't do. How can I leave my parents in their old age when they worked very hard to give a decent life. She has been harassing me mentally for this all the time. Recently her parents have been threatening me saying they will file dowry case in India if I don't send money or cut myself off from my parents. I provided for the girl in all possible ways, even encouraged her to join school to get a masters degree which she stopped soon. We had a baby recently and my parents visited us to help us with the baby. She started harassing them too by saying something or other.

    I am very frustrated at this situation and I don't know what to do. I am on H1B and applied for 485 too. At times I feel like applying for divorce but when I think about my little baby I am not able to take that step. The house we currently live in, I bought long before the marriage. It came to a situation where we cannot live together. I cannot ask her to go out of the house because she doesn't have anywhere to go and with the baby even if she leaves, it will be very tough. I said I will leave the house and stay in a apartment for which she threatens to commit suicide. So, I don't know what to do. I am worried about my baby because between all this my baby's life will be spoiled and I don't want that. Can anyone please tell me what I can do in this matter?

    Thank you very much for taking time to read this.




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  • wellwishergc
    07-06 10:59 AM
    This is not really an issue that American citizens care about. The CIR bill got attention from the American citizens because it involved legalizing 12 million undocumented workers. So, do not expect citizens to talk on this issue. Well, if you tell an American citizen that there was a security lapse on part of USCIS, while approving the Green Cards, then it is a different issue and you will get his/her attention. However, think though! Are we trying for negative publicity for this issue? OR Would you rather try to see how we could use this opportunity to further optimize the process at USCIS?

    See - lets not fight within ourselves. We both have the same cause but expressing differently.

    Please read my other pots written to DDLMODES - my only intention was to say that if a "USCIS overhaul" has to happen that should be initiated by Senators.... For Senators to do something American peoples need to talk ( like they did for CIR)

    Chat with you later - got a meeting.




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  • Libra
    09-28 10:03 PM
    hey dont worry abt application, i'll send you GC in mail.

    Long live. Libra! :D When you do it , could you please find out my missing application from the mounds of USCIS documents, and push it through the system? :D

    Regards,
    IK




    msp1976
    12-15 12:58 PM
    Here are the details:

    Type: EB2 - RIR (State - CT)
    PD: June 2004

    45 DL Received: December 2005
    Current Status: CERTIFIED (On 12/15/2006) per DOL website.

    Can anyone tell me what happens next?

    You should receive the approval papers in a few weeks...
    In case you donot, you have to follow up with PBEC...
    If you donot get anywhere with that followup, there are some people who filed I-140s without the actual paper. In that case the USCIS sends a RFE to the PBEC.....




    billu
    09-04 08:10 AM
    i feel sad for our country of birth which is in such a bad shape that we would rather be exploited and wait 10+ yrs for GC in USA than go back!!!



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