Wednesday, June 8, 2011

domo

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  • delhiguy79
    07-18 07:22 PM
    i work for a big Indian MNC nd they r jerking me around....trust me...




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  • hydguy1
    05-13 12:56 AM
    Hello everyone,
    My brother's marriage has just been settled in India.I need to leave in 3 weeks and just applied for my AP today.I delayed renewing my AP due to financial reasons.Can someone please advise me the best way to expedite my AP as I really want to go the wedding.Thanks!




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  • kak1978
    09-13 11:34 AM
    hang in there buddy, as others have already suggested just wait for the notice and file MTR. tough 10-15 days but after all this is over you will forget about it. I was in a similar state when I got a RFE on 140.

    Hey guys

    Just received email from CRIS regarding I-485 denial notice for both me and my wife.

    I used AC21 after 9 months of filing I-485. My I-140 was approved before even filing I-485 in July fiasco.

    My attorney promptly sent AC-21 and G-28 and i did see LUD on my and my wife's I-485 after that.

    My previous company informed me sometime ago that they are going to revoke I-140 and probably they did and i am assuming that's what triggered this.

    This is certainly a big damm mistake they did even after sending AC-21 docs and G-28.




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  • shx
    07-27 07:31 PM
    H1B visa is meant to be for people with skills that are in shortage in the US. If any H4 feels that he/she should be able to work, he/she should get a H1B. I agree that it may be difficult for some H4s to find a sponsorer for H1B, because their skills are not in shortage in the US.

    Some spouses may join their H1B counterparts in the US, with an expectation that they will eventually get the GC and will be able to work, no matter what their skill set is. This is a reasonable expectation. So, blame the retrogression.

    I do not believe that H4s should ever be allowed to work. They just take away jobs of more skilled workers who are unable to get H1Bs and who are still in their home countries trying for one. Skill-less free riders!

    Now, please don't bash me with counter arguments!! ;)



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  • nlssubbu
    09-27 03:59 PM
    Like I said, its a combination of the 2 main things, the efficiency of processing and the quota limits. Changing either 1 without the other other probably won't get us far.

    Yes, USCIS IS capable of processing quickly (for example, my own case - but I'd say I was very VERY lucky, rather than an indication of system wide improvements). Remember, my GC was approved whilst my PD was not current, and I am still baffled why this happened. Having talked to many people about it, there is a strong suspicion of "squeaky wheel" helping.

    What I was trying to say was - the perceived improvement in speed in the last quota 1/4 of this year (May- Sept) was NOT because USCIS suddenly streamlined and improved their processing speed. It was because there was a backlog of approved applications just waiting for PDs to move so that visa numbers can be assigned.

    If I am offending anyone who tries to predict on visa bulleting cut-off days, I am sorry for doing so in advance. The agencies involved in this process themselves are out of clue and it is clearly pointed out by ombudsmen himself. I am still puzzled how they derive the cut-off days every month without such statistics? In the past there were numerous statistics regarding the cut-off date prediction and not even came close to what is getting published. This is one department who defy any logic in determining the cut-off dates. I think it is mere waste of time and energy in trying to do so at our end based on my past experience.

    Thanks




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  • indyanguy
    03-16 10:52 AM
    Are you kidding me? Everyone and his friend applies for an EB-3, people who can barely program 2 lines in a computer or do any other meaningful task, will qualify in EB-3.

    Isn't there a minimum qualification/education requirement for EB3?



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  • vdlrao
    07-15 05:36 PM
    Not sure I follow you. How are we getting 50K spill over visas?

    I already mentioned in my previous posts (multiple posts with same matter for people like you and me, see it and understand it well) how we are getting more than 50k visas just for EB2 India. I am giving it here again the visa allotments for 2006 and 2007 years when theres vertical fallouts. Now its changed to horizontal fall outs.

    Due to this as many of us think its not the EB3 India which is losing, but its EB3 ROW.



    Class --------------------------------------> 2006 | 2007

    Total Employment-based Approvals ----------> 159,081 | 162,176

    EB1 ---------------------------------------> 36,960 | 26,697

    EB2 ---------------------------------------> 21,911 | 44,162

    EB3 ---------------------------------------> 89,922 | 85,030

    Fourth:-------------------------------------> 9,539 | 5,481

    Fifth (investors) ----------------------------> 749 | 806


    See the Total Employment Based Visa approvals for 2006 and 2007 159,081 and 162,176. But there are only 140,000 visas in EB category. The rest of the visas came from Family Based visas which are not used for the previous fiscal year. The share for each category: Each EB1, EB2 and EB3 should get 1/3 of 140,000 = 46,666. But due to the less demand in EB1 and EB2 ROW all the visas falling to EB3 ROW due to the Vertical falling.


    EB1 ROW --> EB2 ROW --> EB3 ROW.

    EB1 INDIA --> EB2 INDIA --> EB3 INDIA.

    As theres not much demand for EB1 ROW and EB2 ROW, all the unused visas are going to fall to EB3 ROW. So from this time its going to be like Horizotal fall out like below.


    EB1 ROW/EB1 INDIA --> EB2 ROW/ EB2India/ EB2China-->EB3ROW/EB3 INDIA.


    So this time to fall any VISAS into EB3 ROW they have to pass through EB2 India/EB2 China. So this makes EB3 ROW dates would retrogress due to the decrease in visa numbers availabilty.

    As I said each category would have 46,666. So EB1 and EB2 together will have around 93,332 visas. But in EB1+EB2 in 2006 about 50,000 visas approved and in 2007 about 70,000 visas approved. So for 2008 also asume the demand for EB1 and EB2 is 70,000. But the availability of VISAS are 93,332 as said above + unused family visas which come around 19,000+.

    So for this 2008 fiscal year for EB2 India and China the total visa numbers availlable are


    (93,332 +19,000) - 70,000 = 42,332.


    So around 42 thousand + 9,800 (regular 7% of 140k) = around 52k Visas Just for India , because EB2 China was already Jan 2006 a year back. And I dont think it would take any considerable share in this 50k other than its regular 9,800 visas.


    Get me back if you have any doubts.




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  • go_gc_way
    06-14 02:47 AM
    Congratulations to all who can file for 485.

    I am assuming , those who are eligible can file for 485 during the entire month of July , irrespective of next bulletin for August that will be released sometime between Jul 10th and 15th. (Can some one please confirm.)

    Thanks (always) to IV and congratulations. Does any one know why Waldenpond said it is best to apply by the the of 2nd July.

    Once again congratulations :)



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  • Winner
    05-24 12:24 PM
    Sent emails to media using the tool. It was quick, I'm sure if many of us do it, it will be effective too.




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  • mundada
    01-12 11:47 AM
    Sorry eastindia but you are plain wrong. The US is not East India Company.

    Here are the facts about the US checks and balances:

    1. No single entity - not the President, Senate, House of Representatives, state Governors, nor anyone else - has the power to overturn a US Supreme Court ruling. Supreme Court decisions cannot be nullified by other parts of government.
    2. If the Supreme Court strikes down a federal law, Congress can always modify the law until it is such that the Supreme Court does not consider it to violate the U.S. Constitution. Then they would have to vote to pass the new law, and the President would sign it.
    3. The Supreme court can overrule its own rulings.
    4. Congress can rewrite a law to conform with Constitutional standards.
    5. The Constitution can be amended. This would require a two-thirds vote of both houses of Congress, and ratification by three-quarters of the states (actually, at least 39).

    If you think a law is unconstitutional then it can be challenged in the court. For example, there was an article in WSJ about some lawyers planning to challenge the health care bill once it becomes a law. One of the reasons: the health care law would require a person to buy health insurance, which infringes upon constitutionally guaranteed individual right of freedom. Now not to deflect from the topic of this thread, the bottomline is if you think the law is unconstitutional then you can challenge the law in the court.

    The Key Point: Equal opportunity employement advancement is protected by Constitution ("Title VII of the Civil Rights Act of 1964 (Title VII)")and hence the Supreme Court can overturn the per country quota limitation if the Supreme Court finds that the per country quota leads to discrimination at employment, which is unconstitutional.

    I agree with you.

    Country limits is a law. A court has to follow the law. Court does not decide if the law is fair or unfair.

    If you want to change the law, go to congress.

    BUT SOME PEOPLE HAVE TOO MUCH MONEY TO THROW AWAY TO LAWYERS.

    And whats with big lawyer names? Just because a lawyer has a website and writes on a website, does not mean he is a big lawyer. Look beyond the marketing of lawyers and see their skills, track record and genuine concern for your long wait. You are asking the same lawyers to help you whose bread and butter comes because you are applicants in a long line.

    Highly educated innocents!



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  • hopefulgc
    03-05 01:37 PM
    If it is an IBM 3270, 5250, etc mainframe it still wouldn't take that long.
    Let me take it a step further.
    If the information is stored as a segregated flat file, it won't take that long.
    One could just proxy a perl/java gateway and write a script to parse data.

    Who does it.. makes all the difference.


    Those of you who are thinking that you can write a SQL query in a snap, you are egregiously mistaken.

    The CLAIMS database, which contains the AOS/485 petitions is neither a SQL database nor a modern CRM application. AFAIK, It is a legacy Mainframe system and needs significant effort and rare expertise to extract the data.

    Ideally, The Country of Chargeability should be in there. But these systems were built around 92 or before and the requirements gathering probably might not have thought about retrogression or carelessly left it out. What ever it is, it is not in the electronic format, it is almost impossible to get the biographic information unless a physical check is conducted. We can cringe and cry all we want, but not a lot is going to happen on the CC

    The good side of the issue is, Since EB-3 ROW is beyond 2004 and we have per country PERM data (not completely accurate, but significant), our statisticians and operations research folks will break down both data and get some thing that is valuable and accurate above 90%. We can safely assume that more than 90% EB-3 Pending before 2005 belong to I, C & M.

    What bothers me is the requirement of the definition of Priority Date? You would expect some one in the CIS/NRC to know what a priority date is. Don't ya? Any ways, We are working with members who received the response to get a better answer from CIS to determine further action.

    Stay tuned and we will let you know.




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  • risker
    07-21 02:23 PM
    Here I want to make clear, FIFO for taking labor applications and sending ad instructions not for approving. I know depending on compilcation of cases(I think), some cases with PD 2005 get approved fast and cases with PD 2003 are taking longer. I dont know why all these mess in DOL, for taking the labor applications and sending ad instructions.

    No, I don't think it has anything to do with complication of cases. I know of the two different employees with the same employer with similar jobs/descriptions, one with PD 2005 approved and another with PD 2003 whose application hasn't even been taken for processing. So the behavior of the BEC just seems to be random and there seems to be no particular logic. Complication of the cases is definitely not one of the reasons as far as I know.



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  • mshelat
    05-16 12:21 PM
    let's keep working on it.




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  • walking_dude
    09-21 05:57 PM
    As I mentioned, "many" and not "all", I stand by my statement. Those paying taxes ( using fake SSNs) are in high-paying jobs like construction. How many of those waiting eagerly waiting for a job outside HomeDepot, you think, pay roll taxes? Not to mention low-paying jobs like fruit-pickers, cash workers in restaurants etc.

    In a nutshell - there are those who do pay taxes. There are also a good number of those who don't

    [LIST]
    Even Workers in U.S. Illegally Pay Tax Man....



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  • SkilledWorker4GC
    07-15 05:14 PM
    My GC filing company is not a non profit institution still my labor took 2 months and I 140 took less than 3 months.

    Hello All,
    I was reading the posts, I somehow believe there are some variations among EB2 categories, of what we all have been calling I,II or three.

    It is not not primarily based on salary only, I believe, it has more to do with the nature of your job, job title, size of the company, type of company, for profit or non-profit.

    My wife is a University professor, applied for our GC, EB2 India PD date august2007. We got our labor approved in a less that 2 months, we got our I40 cleared in 5 months, ( applied in January 08 got approved in June).

    I believe , we are able to move so fast in this process was mainly because the type of company she works for, in this case the non profit institution.

    Now at this point in time, I would like to ask all the gurus, are the dates going to move fast in next few months?

    Thanks

    Thanks




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  • netnerd
    07-17 06:07 AM
    Hi All,

    Andrew Dutton - 917-536-5940, immigration_counselor@yahoo.com is my attorney for green card. I had also used him before for H1B renewal, PERM & I-140 substitution with DOL (while case was pending with Backlog Center). He is very professional, humble, and always answers phone calls & email messages immediately. He is also very very affordable (shall I say inexpensive - see the amounts he charged me for H1B, green card processing etc below).

    I was one of the unfortunate ones who got scammed my Earl David Associates (New York Law Firm) - now renamed to Jed David Philwin Associates. I know how bad law firms can be - they did not file my LC in 2003 but kept on telling me that they did - ONLY a year after in 2004 they promised me they had already done so. Needless to say how much pain suffering this caused me.

    I used Andrew for my H1B + wife's H4 renewal - total attorney fees - $550. No extra fees for filing documents for family members.
    Then, I used him for EB2 PERM, I-140, I-485/EAD/AP (for myself & my wife) - total attorney fees - $1600. No extra fees for filing documents for family members.

    I had an existing LC approved from Backlog Center - he filed I-140 for just $100-$150 attorney fees - stating that since he had already filed a previous I-140 for me - he just needs to modify some minor details on the I-140 & file it.

    He filed my I-485 over the weekend so it reached USCIS on Monday July 2 - who knows I may be one of the lucky ones when July visa bulletin fiasco is resolved.



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  • lakshman.easwaran
    07-23 01:31 PM
    My I-140 was filed on July 9, 2007, USCIS received it on July 10, 2007. Just heard from lawyer that they received my 140 receipt. The date on the receipt is July 16, 2007. My I-140 was sent to NSC.




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  • migboy
    07-19 07:53 PM
    Following the July2 fiasco, my 140 was sent to TX Service Center on July 10, received by them on July 11.
    Not received Receipt notice yet. Anyone else who filed with TxSC in July get a receipt yet? Does only the lawfirm get a receipt or also the employer? How long has it been taking TxSC to send receipt notice in the month of July? llot of discussion about NSC but I didn't see any mention of TXSC.

    My lawyer tells me there may be some clarification from USCIS next week about filing 485 with just a receipt number (from a cleared check) or with proof of Fedex delivery; for now confusion prevails about whether or not such a 485 application will be rejected. Lawyer is not sure if cleared checks will reach them before 4 weeks from the bank. They don't seem able/willing to find the eCopies of the checks on the bank website. Some people mentioned employer sends the check, i think the lawfirm does?

    Wonder if anyone has any views on refiling 140, but concurrently with a 485 this time? Has anyone tried this? Does the Labor certification letter you personally got not count as original LC? Only the one sent to lawyer counts as orig?

    Does USCIS callcenter entertain any calls to find out receipt number after 15 days? Anyone have a specific number for TX SC?




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  • santb1975
    04-25 08:44 PM
    Total $$ so far: 10521

    Recurring Contributions: 7

    Members Contributed so far: 115

    Members listed below helped us reach our first 10K:

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    jayleno
    06-27 08:21 AM
    Man...looks like they are working like crazy to get the EADs approved. My spouse's application: Recieved on 9th June, 08 and card production ordered on the 25th June, 08. 16 days...they are doing everything possible to save some money for USCIS(assuming the EAD they mailed is a 1 year one). I wonder why they even came up with the 2 year EAD when their plan is to do this.




    trueguy
    03-14 04:56 PM
    There are total 27 EB3-I approvals on since Oct'2008. In 6 months, only 27 approvals is not a good number.

    Does anybody know why USCIS is not touching EB3-I aggressively and are we close to using all EB3-I for this year already?

    Thanks.



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