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  • santa123
    02-24 03:45 PM
    Can an approved I-140 from Company A (future employer) be used to obtain an extension for H1 with company B (Current employer)?
    Pls provide your inputs





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  • chennaikar
    03-31 12:20 PM
    In the USCIS Ombudsman Report In the USCIS Ombudsman Report http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf
    On page 52 it mentions
    "
    The Grand Total of Employment Preference Numbers Available for Recapture is shown as 218,759 (not 268,759), since it reflects subtraction of 50,000 numbers already recaptured from FY 01 through FY 04.
    "

    Also there is a break up of per year unused visa numbers from 1992 till 2006.





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  • srkamath
    07-13 02:30 PM
    I agree. Infact my application hasnt even been touched once (July 2, RD), no soft LUD either, even after FP .. makes me believe that there might be other applications out there too that have never been touched so far..so we cant assume that all the cases prior to July 2007 have already been pre-adjudicated, just because the processing-dates at NSC say July 2007. I think the processing dates reflect only those cases whose PD was current when the processing-dates timeframe came out. We will know more accurately when the processing-dates are updated next month. If the processing-dates, even after next month's update remain at July, 2007, then we can probably assume that our cases have already been pre-adjudicated. (still makes me wonder how that can happen without any soft LUDs at all, but anything is possible). I will keep my fingers crossed and hope for the best.

    We should compare the processing date at NSC / TSC with the erroneous receipt date they show in the online case status. Their computer systems are more likely to have recorded that date than the presumably hand-typed receipt date on our I-485 receipt notices......
    My actual receipt date is July 2nd, but the online case status shows Aug23 rd, i'm not expecting anything to happen until TSC proc. date gets past Aug 23rd.





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  • ItIsNotFunny
    02-13 01:43 PM
    Ash,

    I can understand your concerns and frustration. You have taken good amount of time and efforts to draft this.

    We all are going through the same pain but need to be carefully for our choice of words. You don't want listeners to be on opposite side of what you are saying just because of bad choice of words and language. What you are mentioning can be drafted in good words (In India we used to call as Sugar Coated).

    There are parts of world never give citizenship or too difficult to get perm residency also like Switzerland, Germany to name couple of them. Lets be more objective and decide how we encounter the situation we are in.

    I am always promoter of Gandhigiri and second flower campaign. AlbertPinto has started a thread for this. Lets just work on this.

    I would like to bring to the notice of your readers, editorial committee and leaders of
    the Indian community of a systematic way that (legally) the US Government is practicing

    ....

    driven out of the country which they have loyally served for varying periods of time.....

    God Bless America....God Save America from 'some' of its own people.

    Thanks.



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  • nonimmi
    03-07 04:11 PM
    If AOS takes 3-4 years (read long time) USCIS will issue RFE (for EVL) anyway to re-confirm job offer - even if we dont use AC21 and change employer. That is standard procedure. So sending them employer change notification is not going to help us anyway. And if we change job multiple time during this 3-4 years sending them letters everytime may cause more RFE. But it is always better to have EVL with us if we change employer using AC21 and send them when asked.





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  • EB2_Jun03_dude
    04-25 10:08 AM
    "Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Card production ordered.

    On April 25, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you." :) :)

    I had a soft LUD on 4/22 and now this :) :).

    Btw: I did not get any email for my wife's case(derivative application) which is pending at the Newark, NJ office(interview done in Feb 08') !



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  • sanju
    02-13 09:08 PM
    This is ridiculous; no one asked you to come to this country.

    Nor are you entitled to anything besides what they chose to bestow.

    Remember that.

    No one asked anyone to come to this country. But when we came here few years back, we were told that there are set of procedures in place to get green card. Congress never intended to make people for 10 years to get their green cards. So no one asked us that wait for 10 years either. But we paid taxes for all those 10 years. And my tax $$$, government has decided to bailout banks telling them not to hire me. Again, no one asked me how they will spend my tax $$$ just like no one asked me to come to this country.

    Sense of entitlement comes from sense of connection and sense of what we deserve. I am entitled to permanent residency because my wife and I have paid around 1/2 million in taxes in last 10 years, more than 99% of "ALL AMERICAN" FAMILIES. So don't tell us what we are entitled and what we are not entitled for, because that's ridiculous.


    .





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  • webm
    03-17 07:58 PM
    Sorry to hear that..May be due to processing times are hanging at April,2007 i guess you may have to wait until your 485 RD falls into that or may be not...because some people are getting approvals irrespective of the processing dates not match with their 485 RD (received date)

    We should have soon processing times updated according to the April VB...keep hope..

    Goodluck to you!!



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  • abhijitp
    07-24 12:16 AM
    Pappu, Others:

    My lawyer confirmed they were "unable to" include the Employment Verification Letter along with the AOS/ EAD/ AP packet that was submitted in time to reach USCIS on July 2.

    What are my options now? If you have any insight please let me know.

    I was wondering about doing one or both of the following two things:
    1. Send Employment Verification Letter even before Receipt Notice is received for I-485. This is likely to be lost in the mess that it is now, but does not hurt trying!
    2. Prepare and send another I-485 with all documents including Employment Verification Letter. Even if this is not recommended by some lawyers, I would think this is better than simply relying on the "common" practice of issuing an RFE instead of outright rejecting the I-485.

    Thanks!





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  • retrohatao
    01-27 08:53 AM
    Please check this out:
    http://immigrationportal.com/showthread.php?t=174845
    I would request you to go thru the forum to find out more troubling issues. It is always advantageous to fight united



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  • frostrated
    09-09 04:20 PM
    I have read so many posts in the past where senior members have clearly said that their is nothing possible for EB3 alone and if something is possible it would be for EB.
    (as per calculator, I am going to get my GC in 2030) Would contribution of all EB3 help them in any way?

    Contributing money will not help, but contributing time and effort will go a long way in alleviating the pain that IV members are going through.
    Make it a point to talk to the senators and representatives. They will have meet and greets every now and then. Go to those meetings. Set up appointments with them. Educate them.
    If not, there is not going to be any CIR, and all the money that you send to IV will be a donation to IV, and that is all it is to it.





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  • sanju
    09-11 12:05 PM
    wow..they resume discussions on sept 18th?

    There is a slight correction, they will resume 4 hours break time on sept 18th.



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  • spicy_guy
    07-27 05:29 PM
    Guys (and guns),

    Need a suggestion on finding a job!

    My friend has a master degree in India and worked in India for 6 months in Seimens before coming to US. Now she has EAD and would like to start working. Its been 3 years she left India and been idle.

    She would like to start as a fresher / jr in IT though she has little experience.
    When I asked a couple of guys, they suggested to approach Desi consulting companies.

    From what I heard, they train and put up some fake exp and then apply for jobs (and of course need to sign a contract). But she doesn't like that.

    I know a lot of people are in this situ too. I believe some of you have been here for a long time and have dealt with desi and US consulting companies. Some of you guys have good insight into these matters as well.

    So what do you guys suggest?

    Approaching Desi co is a good idea? or try for a full time employment with some US cos?
    I was told that Desi cos know tricks of the trade. Not sure how true this is.
    Or US consulting companies?

    (I don't see so many job openings for freshers / juniors. Very very limited.)





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  • ItIsNotFunny
    10-15 12:05 PM
    Guys,

    I think this is a time to start another flower campaign to USCIS. It is ridiculuous to have 7 years of retrogression on EB3 India, same is true to good extend for EB2 India also.



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  • SunnySurya
    07-28 11:39 AM
    Obviously, you are trying to incite religious feelings. What are getting at , take up arms and start hurting our neighbors.
    It is not the need of the hour, nor this forum is the place to express those needs.
    By the way, I also heard about the blast in Turkey, Iraq , a shoting in TN etc..
    If everyone start following your advice, soon instead of asking for a green card, we would need to ask for a ration card.

    I think this blog is stating fact. You did not hear 23 blasts in 24 hrs 50 killed. If not, then God Bless You. It is a need of hour for Hindus to wake up from there deep slumber.





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  • willgetgc2005
    02-16 11:40 AM
    Retrohatao,

    Yes. You are right. We got to keep hammering. It is a national security Issue to let people roam for years freely. Such a security fallacy, will prop up any Senators ears.

    Ofcourse, we tend to miss such genuine opportunities to raise relevant Issues....

    Any idea, how we can make this an agenda and get it to the IV volunteers and office bearers ?



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  • indio0617
    11-22 10:40 AM
    Ok. Here is a question I have.

    I know one can get 3 years extensions once 140 is approved even with previous employer. The question is -

    Assume EB2 140 is approved for previous employer has PD June 2004, and then one changes the job. By the time his 6 years of H1B gets over, June 2004 becomes current. Now the person cannot file 485 since 140 was approved for old employe whom he has left an year back. Will the person still get 3 years of extension on H1B?

    I was thinking, u get 3 years extension due to retrogession.. so with the fact that PD is current, how will you still get 3 years of extension?

    Thanks.

    Yes. You are correct. 3 year extension after I-140 approvals can be granted only if you are unable to file for I-485. Things will be complicated in the scenario you outlined which would require some prior planning.

    It is all a big mess, forcing us to stay in this perpetually uncertain state, putting our lives on hold. Of course we all have a choice : factor out the GC from our career / life equation and move on without all the complexities. I guess we will see more and more people taking that route now given the gloomy scene on retrogession.





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  • coopheal
    05-06 08:54 PM
    We thought the same way 3 years ago, 2 years ago, and last year too, but nothing happened, it could be another year and we could be sitting here in same situation 2 years from now. Question is when IV has already collected money for FOIA request than why it is not proceeding in that direction ? We get it in time or not is not the question now....

    If you had contributed for the FOIA effort you would have known the actions IV has taken in donor forum. Its a shame that people like you dont contribute and have audacity to come back and demand answers.





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  • ItIsNotFunny
    10-15 02:28 PM
    I have a doubt about what can be accomplished by the flower campaign. I am totally for it if it would help but just think - it is not in USCIS hands to assign more visas to EB3 or EB2. The number of visas is limited and the number of people waiting for the visas is huge. That is the whole cause of retrogression . If there were as many visas as the people everything would be current.

    This is a simple matter of demand and supply . The thing that can help is visa recapture but that again USCIS can't do and only the Congress . What we need to do is point our efforts in the right direction .

    Think how the supply is controlled?

    Just as a hypothetical example, if USCIS makes a spill over policy that ROW can not lead any other country by more than 3 years.

    If we try we can achieve something, atleast we can see some avenues. If we sit silent - Nope, then we are loosers not fighters.





    bitu72
    01-31 10:04 AM
    first of thanks a lot for taking time and explaining this in detail.

    so if i understand it correctly, I have applied in jul2007 and entered on h1 on dec2007. if i get my gc in 2012. I can not be out of status for more than 6 months between dec 2007 to whenever 2012. So if i start using EAD i need to make sure i have a job almost all the time.

    RFE which was posted is clearly looking for past employment history. If W2 shows that in year 2009 i made 40k and my labor cert was for 80K it will be a problem.
    assuming u r getting RFE in future. this realy is crazy.





    nitinboston
    04-09 04:19 PM
    Dear Mrs. Hillary Clinton
    Heartfelt thanks for making such an effort to answer consumer grievances. My Admiration for this administration and their efforts to improve communication is growing exponentially every day. God Bless you and God Bless America.
    We are wringing these questions in effort to understand the VISA allocation processes followed by DOS. Also how it affects effectively petitioners live to plan their future, travel, Buying house etc...
    1.0) Is IVACS primary application for tracking VISA requests from USCIS, Consular posts?
    Rationale: Any Software/Application used by DOS should be single source for data entry of all the new application.
    1.1) Does IVACS system (DOS�s Inventory system) connects electronically to USCIS system, Consular posts or NVC or any other agencies for VISA demand requests?
    Rationale: Any Software/Application used by DOS need talk to Client System (USCIS, Consular posts, NVC or other agencies) every month system for effectively moving VISA bulletin every month.

    1.2) In Absence of Interface � Does IVACS system receive VISA demand sent manually through flat file or spreadsheet?
    Rationale: In absence of electronic interface DOS need to manually receive data for effectively predicting VISA bulletin every month.
    2.0) How many Employment-based I485 VISA demands are pending at USCIS, NVC, Consular posts?
    Rationale: We are trying to get Employment based pending applications.
    3.0) IS this last Pending EmploymentDemandUsedForCutOffDates.pdf on 4/8/2010 - http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf includes all the Employment based I485 VISA demand?

    Rationale: We are trying to confirm data received are all inclusive.

    4.0) Can DOS Enhance/publish table for �total number of VISA available�� as on report preparation date, rather than total Fiscal availability. As per table showed below,
    Rationale: This will help applicants to estimate date of approval and plan for buying house, make major move etc.

    Preference China Demand India Demand Maxico Philippines ROW Worldwide limit
    Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal
    E1
    E2
    E3
    E4
    E5


    5.0) Can DOS generate monthly VISA returns report from USCIS, NVC, Consular posts or any other agencies that demands Employment VISA?
    Rationale: This will help us understand how much visa were available for reallocation.

    6.0) INA section Sec 201 (2) mentions usages of visa per �Calendar Quarter� with maximum limit of 27% per quarter. As EB2 & EB3 categories are retro gassed Are Minimum 140k/4 Visa's consumed every quarter? If no which section of INA being applied to not to do so?
    Rationale: To understand DOS�s interpretation and application of the law.
    7.0) Where we can find DOS published monthly EB/FB permanent residency VISA demand report with country of chargeability, Employment based category (for e.g. EB1, EB2, EB3, �), similar to report published by DOL.
    Rationale: This will help applicants to estimate date of approval and plan for buying house, make major move etc.

    8.0) What is rational of EB3-India Visa allocation only approximately 100 a month? We feel that before EB3-I become unavailable it should get 140*7%*28.6% = 2802/12 VISA�s every month. EB3-I VISA reductions from Inventory reports before their Priority Date is as follows,
    a) Between Inventory Published 03/12/10 & 01/30/10 = 100
    b) Between Inventory Published between 01/30/10 & 04/08/10 = 100
    Rationale: This will help EB3 applicants to estimate date of approval to plan their future for house Purchase or major move etc.

    9.0) How do you propose to reconcile the pending data reported by DOS and USCIS.
    We are Comparing data from two sources USCIS published pending inventory and DOS published monthly determination, And we have Found data Differences for following categories,
    USCIS Pending for EB3-China as on March 08, 2010 === 5,575
    DOS Pending for EB3-China as on March 01, 2010 === 8,900
    Rationale: Closing gap in case of data error.
    References:
    i. EmploymentDemandUsedForCutOffDates.pdf - http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
    ii. Operation of the Numerical Control Process - http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf

    Dude i must say, it must have taken a huge effort to come up with all this. But guess what, it wont make a dent. There are way too many Indians, Chinese and Mexicans in line and too few GC's to give out.



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