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  • dan19
    05-25 01:09 PM
    PD : Sep 2002 (RIR)
    45 Day letter: Dec 2004 (After that no news)

    I had 2 queries when the case was pending with the state labour office before being shipped to BEC.
    The issues were related to low wages and insufficient experience. The company fixed the issues and ammended the Labour petition.

    Will that cause a problem when it comes to the approval stage? Again, will that negatively affect I-140?




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  • desi3933
    08-03 06:27 PM
    EB-3 I wake up and send the letter out..we need to make relevant authorities aware of our situation. Uncertanity and doom stares us come on EB-3 I lets see some action!

    Hi Pani_6 -

    In your letter, the subject line is "Employment Based (EB-3) green card applicants waiting over a Decade"

    How it be a decade, when your PD is 2001 or later? Even for EB-2, the wait time is 4-5 years.

    Your letter should be based on facts and not on emotions (that, usually, tends to cloud the good judgment)

    Good Luck! I hope you get GC soon.




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  • sreeanne
    03-13 05:30 PM
    I filed AP on Jan 4th 2008 and today i saw soft LUD on that and no update status. Seems that some of other members also got soft LUDs on APs today. Dont know what that means? Looks like it take 3-4more months to get AP.




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  • r_mistry
    01-08 02:00 PM
    Please share you experiences!!!

    Thanks,



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  • gk_2000
    08-23 01:09 PM
    Not everyone has the luxury to go to home country to work for one year. Its like telling the Eb3 person to port to EB2. Do you accept that. There are so many issues need to be factored in. So lets not get into something which is not fair or not possible for every one. They system is f*&ked up. thats the fact. When the system is not fair, we fight to fix and not finding the loopholes.

    There is a difference, my friend. Porting to EB2 means you have to spend LOTS of $$$ and time and effort to get masters degree.
    No matter how you look at it, it is not wise to hack away at any door that's open to all. We should look at expanding our vistas, not shrink it. What if I tell you I am thinking of starting up a co in India, so some day I can make it here using the EB1 route? Why do you want to prevent me from availing this opportunity and making my sacrifices -- just because you feel it will help YOU move forward by ONE INCH?




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  • geesee
    08-20 11:35 PM
    Here in NJ(at least in Somerville), they ask for H1B approval notice. No need to have the visa stamped on passport.



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  • insbaby
    07-06 01:33 AM
    oh that's easy stuff - I can do that :p sign me up. I love chicken parmesan at olive garden. There is just one problem. What do you want me to do after my lunch and before my evening flight. That's just waste of too much of my time. :rolleyes:

    It is a 3 hour lunch. :rolleyes: :rolleyes: :rolleyes: :rolleyes:




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  • ganguteli
    03-12 06:19 PM
    This is nothing but a typical desi mentality coming out from all of us. We all want to get everything for free or at a discount. Each dollar is saved to be transferred to India or to buy larger flat screen TV than our friends at home. :)



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  • ssk1127
    08-23 07:20 PM
    I am on the same boat, can anyone please clarify?

    Mu thpoughts and assumptions. Might want tot talk to your attoney too

    > First thing to remember is this not a law yet and it might take some time to become law and that too "IF" it gets approval

    > Second "IF" this becomes a law and if your I140 application says Advacned Degree/Exceptional Ability then you might have to send additional docs

    > As I said in my earlier thread my i140 approval clearly said "Advacned Degree, or Exceptional Ability"

    > You might want to check your application once too

    thanks
    satish




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  • needhelp!
    09-11 01:28 PM
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  • chanduv23
    11-14 05:35 PM
    It's call reseach topic.. We have to find some USCIS support documents for each case. We need some earlier USCIS decisions for each senarios/theories.

    RG provided few supporting CIS rules in earlier post and seems logical. But not sure if RG or RK is right.

    It's confusing indeed.

    My blog is based on RK's opinion. But we need some research and we also need clarification from USCIS.

    If AOS is denied erroniously, one MUST be allowed to work - because it is not our fault.

    Personallyif I can't work because it is not my fault, I am in trouble because I have a family to manage and a small kid to take care of.




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  • pd_recapturing
    11-25 09:37 PM
    bkn96, Thanks a lot for this information.

    Guys, I was just wondering whether we can talk to Ron Gotcher/Greg Siskind to take up our case with AILA or USCIS. Ron Gotcher seems to be very very unhappy about this wrong doing of USCIS. Any suggestion?



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  • Canadian_Dream
    06-02 01:56 PM
    You are not really screwed if (a big if) somehow you get a chance to file for I-485.
    PS: I am not supporting the bill and I hate it as much as you do.

    I received good news on June 1, 2007 that my I-140 is approved. It was received by USCIS on May 22, 2007. Then later that day I saw the new immigration bill. If this very unreasonable bill (EB backlog) will be passed the wasting of all the money, time, stress, anxiety and hope towards the GC procedure will make the whole thing look like a bitter joke. This is beyong my wildest imagination on how bad things can go since we are all hard-working and law-abiding legal immigrants. Is it a punishment for being a good member of society?

    I'm praying that it will not be given any consideration by those who have powers.




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  • gav_sharma
    04-24 05:44 PM
    My First Post :

    Initial EB3 - 07/2003 with fortune 200 company, got laid off in 10/2010 after working with them for 11 years.

    Joined small company in 11/2010, Perm EB2 - 12/22/2010 - Approved on 01/06/2011
    I140 Premium - 03/02/2011. Both 140 and 485 approved on 03/15/2011 - Current Law Firm received 140 approval notice on 03/18/2011, Previous company's law firm received 485 approval on the same day.

    How can you join a company on 11/2010 and apply for Perm EB2 on 12/22/2010 ?

    I thought they needed to place an ad and do interviews and pre-Perm process takes about 6 months.

    I am in 6th year of H1 and I am changing jobs. The new employer will file for GC but since the new H1 will be extended for only 1.5 yrs I was wondering if I will have enough time to get thru to the I-140 stage in that time.

    Any Opinion/Suggestion ?



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  • immihelp1
    09-10 08:33 PM
    A small contribution of $100 for a massive effort by IV

    Google Order #818571812645058




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  • chanduv23
    09-12 12:11 PM
    can we put up forum threads here for state chapters or some kind of direct link or page for each individual state chapter
    Doing state chapters through list servs is just not working out.

    Most people here just want to discuss but when it comes to action - you will notice that they would not even give out their proper name to IV while registering - so mobilizing is not as easy as discussing it here.

    Discussion forums are good because ideas emerge here - ideas are needed for execution and discussing pressing issues must lead us towards a path to execution.

    The question is - can all those who do that talk actually walk the talk?



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  • ramus
    07-18 02:32 PM
    Thank you so much.. Lets show core members how much we appreciate their work...
    By contributing we are helping ourself and getting ready for our next big fight.... This thread is still just 2 pages. I remember update thread gone to 100 pages in an hour..



    Hello
    I have made my first contribution of $100
    Google:867468246130567
    Thanks
    Greater Richmond




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  • h1techSlave
    10-01 11:11 AM
    It is so confusing that I do not know how to explain the whole thing.

    Here is a small sample.

    In 2002 all the EB visas were issued(174,968). However, there were 31,532 unused family preference visas, so the limit for 2003 was 171,532 (140,000 + 31,532).

    Guess what, in 2003 they only approved 82,137 EB visas, so they ended up with 88,482 unused EB visas

    Great find, Andy. Based on your explanation, I can say that our real problem is not the lack of visa numbers. There are enough visa numbers, but USCIS is not utilizing them.

    This also tells me that an increase in visa numbers to 290,000 (or what ever number that the SKILL bill is asking for) would NOT change the situation a little bit. The end result only will be that the USCIS will end up with more number of unused visas.

    Can the IV community do some thing to improve the whole situation?

    I am seeing two specific bottlenecks.
    1. Delay in USCIS to process applications. This is an area, that we can do something. And I am already seeing a huge improvement from USCIS in terms of fast processing.
    2. Delay in FBI namecheck. Again this is an area we can do something. I don't know what, but there should be something that we can do. Many of my friends have been writing to Laura Bush explaining their FBI namecheck bottleneck and a few of them got positive results.




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  • vbkris77
    12-10 04:17 PM
    HOW IS THE PER-COUNTRY LIMIT CALCULATED?

    Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.

    - The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.

    - INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.

    WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?

    Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.

    WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?

    Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.


    In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?

    State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.




    AllVNeedGcPc
    03-22 10:05 PM
    ... thanks for sharing.

    My First Post :

    Initial EB3 - 07/2003 with fortune 200 company, got laid off in 10/2010 after working with them for 11 years.

    Joined small company in 11/2010, Perm EB2 - 12/22/2010 - Approved on 01/06/2011
    I140 Premium - 03/02/2011. Both 140 and 485 approved on 03/15/2011 - Current Law Firm received 140 approval notice on 03/18/2011, Previous company's law firm received 485 approval on the same day.




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