Wednesday, June 29, 2011

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  • royus77
    06-25 10:35 PM
    So you mean that EB2 petitioners are not required to file affidavit of support (either I 134 or I 864) at all for their spouse who are on H4 visa....

    Any employment based petitions . You can send that as a supporting document but not mandatory .It wont comes under " initial evidence"





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  • rajsat
    10-01 11:01 PM
    Thanks SOP!

    Thats a good suggestion. I will contact the congressman and senator and ombudsman as well.

    How can they reopen a case thats already approved. They approved and reopened the case on the same day.

    We took infopass and they told us that the visa's retrogressed so they had to pull back their decision. I showed the officier visa bulletin and told him that am current as today is oct 1st and the new qouta should have started already.

    The response he gave is he cann't access the files as the files are frozen and it will take them about 2weeks to access the files.

    My files are at local office as i had an interview on Aug 24th





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  • Kalpen
    06-20 09:31 AM
    Hi,

    I am filing up form 485 and on Part 3 Section - Processing Information, there is a question asking for Nonimmigrant Visa Number.

    Any clue about this?

    Thanks in advance,

    Kalpen





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  • rahulsharma73
    07-10 08:41 PM
    Hi Guys,

    I sent the flowers on the address suggested bu some links on some websites but USCIS is not accepting if exact suite number is not mentioned on the address. I called their office and asked for the addtress for Emilio Gonzalez but they did not give suite#. But they mentioned that he is on 5th Floor.

    Please use the following address:


    Emilio T. Gonzalez
    5th Floor
    20 Massachusetts Avenue Northwest
    Washington D.C. 20529

    I know it will cost some money but please have faith on this campaign and keep sending the flowers. It will definitely create a big wave. This is the only way you can get some media recognition otherwsie no one other than us gain anything from it. Politicians are not intersted in talking about it. For media whole DOS / USCIS hoax is not worth covering as it will not get attention from americans. But by participating in the campaign will really get some attention.

    Let's help ourselves by sending flowers!

    Regards,
    Rahul



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  • BharatPremi
    09-25 01:50 PM
    I saw this link Murthy's email too. The total pre-adjudicated cases in the chart is matching with the total in the document. Well now there are more un-answered questions:
    1. Does all other pending 485 include employment based ? If yes what % are employment based ? Obviously we do not have any country specific data on these.
    2. Is there any way to know whether individual case is pre-adjudicated or not ?
    USCIS has fooled us again. No good statistical analysis can be done on incomplete/inaccurate data. I am going from hopeful to hopeless again. I am EB2-I Feb 2006.
    Thanks a lot for staying on top of this and posting your analysis.

    This trend chart/volume chart certainly represents both family and employment base applications. Following is my thought process now with keeping both trend chart and teh worksheet in this thread chain together.

    (1) In Worksheet USCIS claims total EB pending case 233816 by December 2009. Yet we
    have not reached to December 2009. Trend chart claims total pending 279031
    including family base applications. Since famaily to EB ratio is unknown I would
    consider worksheet's figure as authentic for pending EB based 485 cases. One practical
    clue for inclining to do this as I know USCIS has approved tons of green card in
    parental family category. Many of my friends have got GCs for their parents in a
    relatively very small time frame - 1 year

    (2) I remember somehow that out of 775000 485 applications in October 2007, there were
    around 300000 application were from EB category based on USCIS's published
    notification ( I tried to find it on internet but some how I do not see it now). If
    somebody has a more solid proof this stats from which we can derive nearly accurate
    ratio we may consider those stats. But as I mentioned in point 1 USCIS seems to have
    cleared more family bassed 485 with comparison to EB categories I would just
    assume for now that 60% preadjudicated cases and "awaiting customer action"
    and "New receipts" are from family category and 40 % are from EB category. Total
    preadjudicated cases per trend chart is 178418. 40% of that around 71367 - for the
    sake of easiness let's make it 71500. This way "awaiting cutomer action" cases for EB
    categories could be around 18-19000. "New receipt" cases could be around 18000
    roughly.

    3) Now total EB based 485 cases by July 2009 could be = Pending cases + preadjudicated
    cases + cases awaiting customer action + new receipts = 233816 + 71500 + 18000 +
    18000 = 341316. Just the sake for simplicity in assumption we may consider total EB
    based 485 workload with USCIS around 350000.

    4) "In general" the first lot who will come out from this gutter is "preadjudicated" then the
    lot "awaiting customer action" then the "pending ones" and then " new receipts"

    Now based on my talk with USCIS guy I can state that USCIS generated RFEs innear past for many cases as apart of preadjudication process, particualrly for may AAC21 usage related cases - Asking for proof of employment in the same job classification. According to that talk if USCIS gets required response to the RFE then USCIS settle that case in a "preadjudicated" shelf. In other words the AC21 guys who got the RFE - responded and case is resumed - most of them should be on "preadjudicted" shelf. If we call USCIS generally let us know that whether our particualr case is preadjudicted or not.Lucky one may get that reply in first call and somebody may have to try calling multiple times.





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  • CADude
    01-10 04:15 PM
    Grow-Up guys and gals!!! There is no point I am right and you are wrong fight. Make this effort successful. Take a chill pill. Relax & enjoy the life.



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  • karthiknv143
    06-29 05:25 PM
    May be it is already True.





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  • ras
    01-09 07:50 AM
    And also his daughters Jenna and Barbara :)

    Tell them little more about ur degrees, achievements, personality and physical appearance too. May be they get impressed and recommend to their father...;)



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  • l1fraud
    06-15 06:49 PM
    Thanks guys.. there may be a good news to share.. not from authorities BUT from our client side.. will confirm the same before announcing it here.. also awareness and education works at times... please keep your client management informed about this laws and regulations.





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  • java_jaggu
    06-26 12:33 PM
    Multiple 485 and EAD filing

    --------------------------------------------------------------------------------

    Hi,

    My wife and I both got our LC approved. She filed I-140 and I-485 concurrently for both of us in Nov.2006 (Nebraska Center), based on her LC. Then I filed I-140 and I-485 concurrently for both of us again in Jan,2007 (Texas Center), based on my LC.

    The EADs she applied got aproved pretty quickly. Several days ago, my EAD applications got denied. The denial reason is, we already have approved EAD.

    Originally our plan is: My wife will switch to a Finance related job soon (her LC is based on Software job), I will wait for GC. (The reason we still filed for multiple 485 and EAD is that we want to postpone the decision on who should wait for GC). Now I'm totally confused on whether she can use the EAD, and whether I can renew the approved EAD (because they are based on her application).

    Any inputs or clarifications will be greatly appreciated.

    tkiller
    Reply With Quote

    -----------------------------------------------------------------------------------

    I really don't know why someone would file the 485/EAD through the spouse when the spouse is planning to change the career field, and you know that you need to be in a similar job description to work on EAD. It almost seems like a no-brainer that the guy in this case should have filed for the 485/AP/EAD.



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  • pitha
    09-24 07:40 PM
    To Add to what you have said, I would say getting EB2 approval is almost impossible because not only is DOL cracking down on EB2 perms because of bad economy, DOL also knows that people are trying to reapply in Eb2 to jump ahead and they are stopping that practise.

    The following information is asked in the first field of ETA form 9089.

    "1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
    "1-A. If Yes, enter the previous filing date"
    "2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"

    With the above information from form 9089 DOL knows the people who are trying to jump ahead by interfiling. Thats an almost gaurenteed audit. The attorneys already know this and this is the reason why many companies are not entretaining filing any EB2 perm. If anybody is lucky they might find a company willing to file eb3 perm after 6 months but no company wants to file Eb2 perm. interfiling \porting from eb3 to eb2 is a pipe dream, people cant even get eb3 approvals or alteast companies willing to file eb3 perm.


    "interfiling" to use old EB3 PD for new EB2 is not the easiest path for EB3-I guys specially if they have used AC21 and work on EAD now ( Most of us are in this category). Priority date porting is not an issue, USCIS does not have a problem with that. The problem is with "Job definition and level". While one use AC21 claims job position matching EB3 job classification and if there no enough progression gap between AC21 usage and "inerfiling" It becomes hard for a lawyer to convince USCIS that fellow is matching EB2 capability under same job classification. Hundred of such intefilings are waiting without no action from USCIS. My lawyer's advice wait till we logically can establish the skill progression, in other words minimum 3 years of wait from the day AC21 usage. And other important thing is "real promotion" in position should happen at employment and this whole explanation is based on assumption of employment at the same employer. If you change employment inbetween after AC21 usage and before interfiling , your 3 years wait cycle starts from new emploment date. I have not filed "interfiling" just because of these reasons and waiting for correct time to do that. In other words Eb3-I is really and badly screwed.





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  • JaiHo
    09-24 02:59 PM
    I am not considering any spill over etc...

    here is what says on visa bulletin
    Visa Bulletin October 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4575.html)

    The worldwide level for annual employment-based preference immigrants is at least 140,000.

    EMPLOYMENT-BASED PREFERENCES

    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 numbers 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".


    worldwide level = 140000
    EB3 = 28.6% of 140000

    can you please clarify ?


    no...
    You are assuming that the spillover from remaining countries in EB3 will be allocated to EB3 I/C/P/M. The spillover rules that changed in 2007 will ensure that those visas will first go to E1 -> EB2 and then fall to us if there is an overflow. Unfortunately that will not happen because there are many retrogressed individuals in EB2 and they will get the visas first.



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  • TeddyKoochu
    03-30 10:20 AM
    Hi Teddy,
    With the new Scenario, when do u think mine will be current?

    I would say that optimistically it may happen in 2013, pessimistic 2014.





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  • anotherone
    01-29 06:28 PM
    Is there some master list of companies that have been filed against ? Do you know of anyone on this list that have done so and won ?

    What will that accomplish really ? I dont know if working for this place will be a good idea anyway after filing a suit against them... but OTOH if it helps other people or at least if its out there on the net, so other companies wont get his brilliant idea....

    just musing, thankyou for replying to my posts so quickly.



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  • ilwaiting
    07-01 11:12 AM
    Why is this a risk? We are doing what we are supposed to do. Send packages based on our dates being current. If USCIS/DOS screws the dates we slap them with a law suit.

    After such mad rush and bad news about visa bulletin revision? How many are considering to file on July 2nd and July 3rd? What is the general advice regarding filing from lawyers and oneself about sending documents on July 2nd and July 3rd?

    My lawyer is sending through FedEx - overnight delivery - going there on July 3rd. My worry - Is it a huge risk on my part? What happens if Monday morning it is revised, or worst Tuesday it is revised?

    How many are risking on this??





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  • SunJoshi
    12-30 03:52 PM
    Starting this thread to discuss bills and proposals for 2006. Open for public.

    The dabate will help formulate strategies.



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  • nuke
    09-24 02:09 PM
    Analysis by BharatPremi is wrong.
    If there are 140K visas then EB3 category will get 140,000%28.7 = 40180
    and of these 40180 EB3 India will get just 40180%7= 2812

    Folks, only 2812 Visas for EB3 India and EB3 is not going to get any spillover this year!!





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  • bikram_das_in
    08-20 11:49 AM
    Is there any contract obligations for this?





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  • gc_maine2
    08-07 04:22 PM
    LOL :D:D:D:D





    [QUOTE=pappu;273861]:D:D:D

    Yes you can port it using AC21. IV will need to issue a new memo for it though. But your designation should be same. If you are a junior member, you need to post only as a junior member on IV forums.

    Its your choice.





    ashkam
    11-24 10:09 AM
    When you buy a home you sign a contract saying you will pay the loan amount at the end of the loan term with interest. There was a commitment made. And you are saying people who walk away without fulfilling their obligation are smart? Fool!


    And who do you think is footing the bill for bailing out those banks? its you and me! You are not only dishonest and unethical, you must be really dumb if you think you are not going to be paying for the mistakes of people like punjabi when they "walk away" from their homes. Idiot!

    This reminds me of the following exchange from Seinfeld :

    Jerry : So were going to make the Post Office pay for my new stereo ?
    Kramer : It's just a write off for them .
    Jerry : How is it a write off ?
    Kramer : They just write it off .
    Jerry : Write it off what ?
    Kramer : Jerry all these big companies they write off everything
    Jerry : You don't even know what a write off is .
    Kramer : Do you ?
    Jerry : No . I don't .
    Kramer : But they do and they are the ones writing it off .
    Jerry : I wish I just had the last twenty seconds of my life back . But seriously, Punjabi, screwing up your credit history for 20,000 dollars is not a very smart move, especially if you're planning on living here for the rest of your life. Not sure if it will affect your job prospects in the future but what I AM sure of is everything else will be affected, even everyday things like getting car insurance. If you want to switch to a different insurer, your premium will increase if you have bad credit history. As someone else said, you need to really think this through because it will be a life-changing decision for you. People who are telling you to go ahead and do it just because it is legal are not giving you good advice. And people who are advising you to go ahead and do it and get a couple more credit cards and a new car while you are at it, well, these people really have no business giving anyone any advice about anything.





    satyasaich
    01-27 03:00 PM
    Please click the following link

    http://www.migrationpolicy.org/ITFIAF/news_012506.php

    Dr. Martin recommends that:
    1.Policies must be flexible enough to respond to changing market conditions;
    2.Visa categories, which have become so complicated they often require professional assistance to navigate, should be simplified;
    3.The government apparatus for managing applications should be better funded and more efficient;
    4.Requirements for workers and employers should be reasonable and consistent with the way the labor market functions (so for jobs that are not temporary, workers should be given an option to transition to permanent status);
    5.Workers should have mobility among jobs and employers; and
    6.Employment of unauthorized migrants must be curtailed.
    Does anyone know what happened in this breakfast meeting..



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