Monday, July 4, 2011

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  • vij
    06-15 11:28 AM
    Receipts only recieved by lawyer? Will benefeciary get any updates?
    I have the same question. who gets the receipts? - only lawyer or both lawyer and benefeciary or both lawyer and employer




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  • Macaca
    07-08 09:14 PM
    140K GCs are available on Oct 1. But, dates are not current. Based on this, there appears to be a law that prevents USCIS from recieving ALL AOSs. I am guessing that this law specifies a cap on AOSs that USCIS can recieve from lawyers. (This is why I am keen on knowing conditions for setting dates in VB)

    The following argues that it is hard for this cap to reach exactly on the end of every month.

    no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.

    It is impossible to believe that this cap was not violated in June when it is possible that USCIS got 200K-600K AOSs.




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  • abhijitp
    01-24 08:01 PM
    People spending time on this thread, why not spend 5 minutes to print and sign a letter, then spend 82c and mail one copy each to USCIS and IV.

    Do you not like the idea of 3 year long EAD's and more job portability which will come from a revised definition of "same or similar" job description??




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  • good idea
    09-24 09:58 AM
    I am not sure if I am correct,
    Although no. of visas are awarded "EB category + country" wise, but spillover is not awarded in same fashion.
    .e.g. 3000 visa comes to EB2 I & 3000 visa comes to EB3 I.

    But spillover comes from EB1 to EB2 irrespective of country. And reason why EB2 I is far ahead is because of spillover gain before it reaches to EB3.

    Even if some EB2 I guys are not happy with EB3 person porting to EB2, shouldn't they calm down as whoever is porting taking benefit from spillover for EB2 world and not from spillover EB2 I.

    My assumption is spillover comes to "EB2" and not "EB2 + country" wise, if that is not correct then my point is nullified.



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  • HumHongeKamiyab
    12-13 03:03 PM
    Do we have anyone here who opened a SR for FP and has received FP notice ? Does it really help if you open SR for FP?

    Thanks




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  • gc_chahiye
    07-08 12:45 PM
    I think what has happened here is that DOS was frustrated with the pace in which USCIS was processing applications. So in order to push them to work faster, they made all categories current. This strategy worked and USCIS approved 60,000 visa in 15 0r 20 or however many days.

    Then USCIS communicated with DOS that annual quota has been exhausted and thus DOS published the revised bulletin.

    My 2 cents.

    but why in 15 days? They had upto Sept 2007 to use up those numbers. So they worked overtime to make sure they dont have to accept new applications. Can they atleast admit to that?

    We got screwed by them, and they claim (see the smug look on Condi's face) it was all a matter of course, nothing extraordinary.



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  • jonty_11
    07-05 01:09 PM
    Gandhiri is not for this Country - all they listen to is Money......
    Those who follow Gandhi are treated as if they were Hitlers allies...like MLK Jr. They are SHOT!!!
    If you can weild a good $ bat, then they will listen to you..!!




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  • chanduv23
    11-21 02:01 PM
    Dear Mehul,
    Sorry to hear about your situation. Our prayers to God to help you in your situation.
    Attorney Prashanti Reddy has been involved in a lot of pro bono work especially for spouses of 9/11 victims. You can contactt her, let me know if you want to get her consultation. She is a big supporter of IV.
    Like everyone here said, things change. I am sure things will go well for you.

    Chandrakanth



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  • abracadabra
    07-07 02:34 PM
    Is it happening today?? There is no media coverage




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  • minimalist
    01-31 01:17 PM
    nousername,If your would-be employer had sponsored the visa,it got selected and then he has to not hire you on Oct1st because of his business not doing so well, what would you do?

    Ideally your employer should rescind your offer and buy you a ticket back home.
    But in the IT industry, that is the reason most people still work with desi employer, even thouh they know that they will be taken advantage of.

    Is it illegal? Yes. But there is a risk for the people involved.

    Also, when someone tries to land H1 for the first time, it is really tough to find an employer who can apply 6 months in advance.Most american companies don't even go through the hassle unless they are hiring for non-IT positions. Then you have companies like Infosys who apply in bunches and keep them ready for the business they are expecting in future. Try and argue with them that they shouldn't do that as many people who have jobs lined up right now will not get H1s.

    In my opinion most people who are on H1 n IT with american companies, either got in there via OPT- H1 or H1 transfer.

    You gotta do what you gotta do. If you keep thinking about all deserving people,you would never take a step forward. At everypoint in life you will have certain options and every option woul cause some or other discomfort. Unless you are involved in clearcut criminal activity, everything else is fair, in my opinion.





    Minimalist.. to begin with, I am not here to judge you or anyone else and I don't think sledge ever had those intentions. Hence, please don't take any of the comments personally.

    The original post by nehas was a question to which almost everyone, including sledge responded, trying to help her. The common answer was that she (not he) needs to switch back to H4 as she is already out of status. My orignal post very clearly indecates the reasons why I believe Neha is already out of status. Here is the link http://immigrationvoice.org/forum/showthread.php?t=23395

    After I answered Neha's question, which I know is the correct answer, I asked her a simple question i.e. is it ethical to apply for H1 visa when a person does not have a job offer, especially when the entire legal immigrant community knows that for last few years due to the visa cap it is very hard to obtain a new H1 even if you have a valid job offer.

    I totally agree with you that no one on the face of this earth is a pure saint but ours (legal immigrants) is a small hardworking community, which most often understand each others pains, and that's the reason this forum exist.

    Now, I ask you in the most humble way, what would you have done if your would-be employer had sponsored the visa but due to the lottery your application was never even selected for processing. To top that you learn from all over the world that companies like Wipro, Satyam and desi body shops applied for H1's, which they probably won't even use. Don't get me wrong.. I am a proud Indian and proud what these companies have archived..



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  • Vish
    08-28 06:42 PM
    My application reached NSC on 1st Aug.

    Checks have not been cashed.
    No Reciepts
    EB2 from India
    PD Oct 2003




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  • GCNaseeb
    08-29 01:08 PM
    That may be the reason that this thread is not being updated frequently. Some one should create a fresh thread and link this thread.



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  • vikki76
    09-29 11:30 PM
    Interpretations from website http://www.usvisahelp.com/nw_vol4_iss7.html
    6. Porting to Self-Employment

    USCIS has surprisingly taken the position in the memo that foreign nationals may port to self-employment. However, there may be difficult issues of proof involved: the foreign national will have to prove the legitimacy of the self-employment; and will have to prove that the I-140 petitioner intended to employ him or her upon the filing of the I-140 petition and at the time of filing the I-485 application (if not filed concurrently). The foreign national must also have intended to undertake the employment upon adjustment. The most difficult proof issue will be showing that the I-140 petitioner intended to employ the beneficiary upon I-140 and I-485 filing. This is difficult because once the foreign national ports, the I-140 petitioner may be less than willing to provide evidence of its former intent. However, the memo also states that the I-140 petition and supporting documents are prima facie evidence of the employer's intent. But in appropriate cases, additional evidence will be necessary. The memo does not say what those "appropriate cases" will be. If additional evidence is required from the I-140 petitioner, it will likely be very difficult to obtain.

    7. Timing of New Employment Offer

    A foreign national cannot still be looking for "same or similar" employment at the time the I-485 is being adjudicated. This indicates that it is acceptable for some time to lapse between leaving employment with the I-140 petitioner, and accepting a new job offer in a "same or similar position." However, if the I-485 is adjudicated before a new employment offer is procured, the foreign national is out of luck.




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  • vbkris77
    05-01 02:25 PM
    Even though right now FB2 is not far behind the gap will progressively increase due to post given below. Consider 2 glasses half full. If you pour 50% water from 1 glass to another 1 glass will be 75% full(EB) and other glass will be 25%full(FB).

    Our intention is to findout if CIS interpretation is correct. If spouse can stay in the country with EAD and AP and if Primary gets GC first. It won't matter much becos, that EAD will not have any strings attached on same or similar etc. So we should be OK.



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  • checklaw
    11-17 07:16 PM
    checklaw




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  • GCcomesoon
    06-13 10:36 AM
    Did your other set of checks cashed yet?:confused:

    Nope, I haven't got the receipt nos for one set of checks yet, I guess people filing with TSC are getting receipt nos & also the notices.I know few friends of mine got thier notices too

    Thanks
    GCcomesoon



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  • english_august
    07-09 11:13 AM
    I guess I saw a mistake on the writing....

    On July 13th, 2007, DoS provided a glimmer of hope to these aspiring legal immigrants, by announcing in their visa bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html) that all Employment-based green card applicants and their dependents would be eligible to apply for their Green cards, during the month of July 2007

    It is June 13th not July13th the first visa bulletin sent out by DoS.

    Thanks
    Chandra

    Thanks arumalla. I will fix it right away.




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  • gccovet
    05-21 11:28 AM
    last week i took infopass and got shedule for biometric , i am also july 2nd filler and had not receive appointment until last week.
    my appointment actually at 28th may 2008 but yesterday i went to asc and told them i will be leaving usa next week and request to take biometric fineally i am able to get biometric yesterday.
    but i have to pay $25 for him doing my fevour because with out that he isnot willing to do so.
    there is no lud today on my i-485 so could you please tell me how long it take to get lud ?
    how long it take to clear fbi?
    what is soft lud and hard lud ?
    my pd is current so will i soon see my i-485 processing ?

    Hi,
    Why did you have to pay $25? Is it for any official fees? Did you get a receipt for that 25$?
    Just curious.
    GCCovet




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  • pcs
    03-08 02:15 PM
    This will really help. Simple things like posting on various web site forums about IV will be great




    mahujam
    08-05 09:57 AM
    These guys are not consistent. I should have gotten a 2 year EAD.

    Dunno who to take this up with.




    go_guy123
    05-31 11:16 AM
    I only took Bank Statements. In my case they did not even ask to see those.

    Actually in the landing paper there is a place where teh officer needs to sign of funds as well.
    some places officers dont ask for it and in other places like rainbow bridge they do ask for it. However it is justa small formality...i just tooka printout of the online statement and that was fine with them.



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