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  • voldemar
    06-23 09:43 AM
    I also want to file EAD and AP but the company attorney is saying it is safer to file the EAD and AP once the I-140 is approved.
    For AP it doesn't matter approved I-140 or not. For EAD it's safer not to use it till I-140 approval. I would apply for it and hold just in case. Also your spouse can use EAD without I-140 approval, she/he can switch back to H4 if 140 is denied. I's critical for main applicant to maintain H1/L1 status.

    if We do not file the EAD and AP along with the I-485 and once the priority dates are retrogessed. Can we file EAD and AP even though the priority dates are not current and our I-485 is pending?Yes, you can continue to file and use AD and AP while dates retrogressed.





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  • dummgelauft
    08-21 02:53 PM
    If I was not required to fill out the form I-485, then why did USCIS send me a letter requesting me to do so? I'm sick of the smart a$$ remarks from some of you. This isn't funny and there are human beings involved. If you can't be helpful then please don't bother responding. Keep your remarks to yourself. I came here looking for some help, not a bunch of criticism and hurtful comments. It's not that simple just to go back to Canada like you think and I can't just leave the person I care for because you think I'm considered indispensible. Perhaps you'd like to talk to the people in this household and see just how willing they are to let me go. This is not just about packing up and leaving, I have roots here now and I cannot just abandon these folks. There is NO ONE to take care of them, not family, not friends and they do not want a stranger - period. We already tried that and it didn't work. How many people do you know that would willingly take care of a 500 lb. bedridden person, change catheters, bathe them and cook, clean and take care of other household chores simply for room and board? We offered the job to legal American citizens and when they heard the man was 500 lbs, they backed off before hearing the rest. I AM WILLING, he is used to me, I am used to him and there is no one else, including his own children, who will do what I do, so before you tell me I'm indispensible, try doing this job. We can't even get professional medical personnel in here to help, so exactly how am I indispensible under the circumstances? Should I just abandon him and let him rot and die in his own bed? Is that considered humane in your eyes? If he's obese does he not deserve the same quality of care as an ideal body weight person? Does his obesity make him undeserving of humane treatment? As I said, this is not just about legalities, this is about a human being needing someone to care for him and it's not that simple to get another person in here. I deal with him 24/7, I don't get a day off - would you do that? I doubt it!

    If you had to go back to your country under similar circumstances I don't think you would be any more pleased than I am. USCIS has not asked me to leave, they are requesting more information. I have no problem with that part, just the time frame given and the money involved. I am more than willing to submit what they requested, but I need more time, especially for the medical exam after reading what is required.
    As for the person that filed on my behalf, HE is the one who spoke to USCIS, so they didn't do their job if they did not tell him what was required. He wrote down every single thing they said we had to file and we did so. If they failed to mention what was needed, how would he find out? He's elderly, disabled and not computer literate so it's hard for him to look things up on his own. He simply did what they told him to do and if he screwed up, it's because he wasn't told what was needed. You can't expect everyone to be knowledgeable on stuff like this, it was all new to him and very unfamiliar.
    If I had known more was required, I would have taken care of it myself, but since he was the person to file the application - which by the way was an employment based according to what we were told, then he did only what he was told and had no clue there was more beyond that.
    I am trying to find an attorney and I will get this sorted out one way or the other, but leaving this household is not an option and if the American people care so much about each other, then I'd like to see one of them show up here and do what I do. I'm not naive enough to believe that will happen.

    You could cry us and USCIS a river. Fact is that you have broken the law, whether knowingly or unknowingly. USCIS will treat you like an illegal alien, which in fact you are.
    You are telling us about this 500.0 lb obese person whom you are "caring for". Let me tell you something, USCIS does not think twice about separating babies from their mothers and wives from their husbands, if they find out that law has been broken, so, say what you want. You are here illegaly and everybody here will tell you the same thing. Get your self back in to Canada.
    Nobody FORCED you to stay here You made a choice, based on compassion on whatever. If that is still your position, then be prepared to pay the price. If you leave now, you can come visit this "family" of yours once in a while BUT if you get deported, forget it. There is 10 year ban on you and even after that, you will NOT be let in to US.

    This is the hard truth, take it or get off this forum.

    Admin, this poster should be deleted.





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  • [uber]
    03-11 10:39 PM
    when is the poll gonna be set up?





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  • nixstor
    07-04 08:56 PM
    Excellent analysis but it does have flaws


    The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.


    We all understand this and what you are saying, But What is in law is more important than OB's recommendations. First of all the office of OB might not have recommended to pass on any name checks. It might have advised to some how expedite them. More over, I dont think that they take the annual report seriously. We know how many times DOS officials and USCIS officials testify before congress. Why don't they tell congress that in order to clear backlogs

    a) They need FBI to expedite name checks (they might have testified about this)
    b) They need to recapture visa numbers (AFAIK, they never did this because your case is not pending unless you filed for AOS/485. We are not a part of the back log)

    Their biggest problem now is if all of us file for 485, we will continue to be the back log for ever on the back of USCIS for ages to come unless recapture occurs. What ever be the number 200K or 700K, they simply dont want it.



    The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.

    I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.


    That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.

    Understood, if they can clear 60K cases in 18 days, I doubt they will have any issues clearing them in 90 days. It goes back to the point of us becoming the biggest hump on USCIS


    There is nothing wrong with DOS to make all categories “current” for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories “current” ie fresh guys entering into I-485 race. Because of “current” there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.

    For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.

    Therefore by making “current” for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.

    There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as “current” in June 13 and second is modifying VB only on July 2.

    I think we all agree that there was no need to make every category current given that we know how many will become eligible for 485 filing. How ever, The OB's office will be pretty pissed if they use him as the trump card. Also, I got the annual report from OB's office in email on Jun 12th 07. VB came out on 14th? What you are saying is USCIS has worked over night to analyze OB's report or they had access to OB's report 15-20 days ahead. Everything points to me that there was a lack of communication between the two agencies on an issue with huge stakes.

    My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.

    We need to do both as the success is not guaranteed in either situation. I do not know if AILF will win the law suit. On the other side, Senators like Kennedy who control immigration issues will not give a damn in the current situation. If the issue gets to a point where USCIS & DOS officials testify before congress, the root problem will be solved. If we just win the lawsuit and get in, USCIS is only going to sulk us for 10 years in the name of security check.In the end, We should be able to portray the whole situation as if USCIS has been put in a ugly predicament to utilize visa numbers under the arcane laws. Bashing DOS & USCIS left and right now is not of any use in the long run.



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  • Pending
    04-08 01:24 PM
    I did contact Senator/Congress persons, and it it didn't help the FBI does not repond to congresional inquirie concerning name check.
    All eyes are focused on the immigration bill at this point, so expect no help.

    I am pending name check since 2002.





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  • Legal_In_A_Limbo
    03-14 05:51 PM
    Thanks for sharing the info. Did you get any new attorney?

    I self filed, as will be doing AC-21 in a month or so.
    So wanted to make sure i revoke my company attorney.

    Thanks



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  • k94
    11-22 02:41 PM
    It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.

    Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.

    With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.





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  • gcinterview
    11-25 10:37 AM
    My 2 cents... If you need to switch careers say from IT to any other do from a Top 10 in campus school.

    Part time MBA is good if you want to move up your own career(say IT). Do something thats AACSB accredited and is reasonably ranked. Business week has a specific ranking for Parttime MBA.

    Any excess payment for a non ranked Part-time MBA over 50K is cost of lost opportunity. The money could be better invested somewhere else.



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  • Winner
    06-10 05:03 PM
    Did my part.





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  • bugmenot
    07-16 06:17 PM
    thats what is needed, someone needs to hit the numbers coz thats what talks here, calculate the amount that all the h1b's combined are paying/have paid so far, amount that directly benefits the social system , and the amount they will never see as they would have to leave

    you have to showcase big big numbers i.e h1b tax is paying for so n so etc social dole etc, and that is the money that they have no gaurantee in ever benefetting from. thats the key



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  • diptam
    06-30 07:24 PM
    So that it boosts up peoples who are similarly disappointed as i was last evening from 6 thru 9 PM ...

    July bulletin is still C and no one can stop us from Mailing/ Posting !!

    Good Job Diptam !!,

    Rumuors are rumors most of the times.Whatver be the situation u drove positively and finally made it to reach on time whatever the sitution would b on monday!

    Though these announcements,rumours tensed u up,u really did a great job in finishing and submitting it !Thats the spirit!

    -vaishu





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  • El_Guapo
    11-13 10:25 AM
    The 1st quarter ends Dec 31. So technically, USCIS has until that to allocate the total of 35,000 visas. Now, let's assume they have only approved 5000 visas across all categories thus far, then that doesn't mean they can go and allocate the remaining 30,000 in December to the retrogressed countries.

    I think the way the spillover works (except for the last month of last quarter) is at the end of the quarter (technically Jan bulletin is published around Dec 15) based on the demand for the last 2 weeks for that quarter, USCIS will spillover visas. So I think we should wait until the Jan bulletin that comes out in December before we push for a lawsuit. If you want to send letters to people, then so be it, but I am pretty sure USCIS is well within its operating procedure wrt spillover. If spillover doesn't happen in the Jan bulletin, then we have ground for a strong case.



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  • logiclife
    02-13 01:31 AM
    First off, you are looking for a bodyshop. A consulting shop. You would be the consultant if you are hired they would be the consulting firm.

    There is a website called http://www.desicrunch.com/ (Desi Crunch) that as reviews of most of Indian Consulting shops. Reviews are posted by individuals themselves so they would be reliable.

    Other than that you can look on Immigrationportal.com and search the name of the firm you are planning to join to check if there are any bad reviews.

    You have to be prepared to handle your job as a consultant and your job in handling your employer. There would be struggle every step of the way. Basics like giving paperwork tied to Immigration like H1, 140, labor is a big task. Mostly they dont want to share even xerox copies so that it becomes almost impossible for you to either switch jobs or retain priority dates. Expect to work at a much lower rate than what you would get as a permenant employee directly working for an American company. Expect to move across the country every few months from project to project, unless you are really really in demand and can get projects in city for longer times. Do not expect moving expenses. You are on your own. Whenever you quit, expect to miss your last 1 or 2 paychecks. They will come up with some excuse not to pay you. If you quit and if there is any bad blood between you and your employer, do not expect any letter of experience that you can use for future EB2 or EB3 Greencard petitions. They wont give you that. If they hire the Immigration lawyer, you will most likely never talk to the lawyer directly. It will be thru your employer only. And information will be presented to you in a way that makes you feel in bad shape and more dependent on the employer. "Your labor is in trouble". "there is an inquiry on your H1, 140". "Lawyer needs another 5,000 to respond to your inquiry or RFE which we would be more than happy to deduct from your paycheck".

    If you want to go thru all this, then yes, desi consulting firms would work for you.





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  • ushkand
    07-24 11:57 AM
    Simply_GC:

    yes there is an option for you. When you get the I-485 receipot, mail in the employment letter along with copy of 485 receipt (just so they can track) and a another letter stating the oversight.

    Doesn't receipting an application automatically mean they accepted the application?



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  • perm2gc
    01-18 03:33 PM
    Content, content updated. Please verify and let me know.
    Thank You





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  • grinch
    02-16 07:36 AM
    this is why you shouldnt post images before the due time, people dont give up, its an all level 3d battle, dosent matter how good or bad your skills are, this is so you can develop your skills, i m sure thirdworldman wasnt good straight off the bat, he had to start somewhere too and now his skills are pretty good but im sure he could even tell you when he started people wiped the floor with him, his image is great but its not impossible, the texturing and lighting is what sets it off the rest is some simple modelled geometry.

    everyone keep at it, and find a angle to your image which will make yours original.
    :thumb:

    I definetly agree with soulty...
    Dont give up just becuase some showed a nice render. I just decided to show a basic wireframe for people on where to start. It doesn't matter guys, just keep at it!

    Definetly nice work thirdworldman!



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  • GC_Waiter_2000
    07-12 06:08 PM
    Current again after 2 Years.

    Is it necessary to act (like opening SR, Info-pass, meeting Senators, Congressman etc..) so that I can get a seat in the Bus at least this time? Not to mention there is no proper queue this system (FIFO) here.

    Thanks





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  • vdlrao
    07-14 12:45 PM
    Please find out the visa numbers allotment for EB1, EB2 and EB3 till now. Till now there is about 100k visa numbers allotment for EB3 every year due to the vertical fallout. From now on there would be around 100K allotment in EB2 due to the change to Horizontal Fall out of visa numbers. Out of these 100k EB2 visa numbers, India will get greatest share of around 50k + visas. Please see the below.


    Type and class of admission 1998-- 1999-- 2000-- 2001-- 2002-- 2003-- 2004-- 2005-- 2006-- 2007


    Employment-based preferences 77,413-- 56,678-- 106,642--178,702--173,814--81,727--155,330--246,877--159,081--162,176

    First: Priority workers 21,375-- 14,844-- 27,566-- 41,672-- 34,168-- 14,453-- 31,291-- 64,731-- 36,960-- 26,697

    Second: advanced degrees or exceptional ability 14,362--8,557-- 20,255-- 42,550-- 44,316-- 15,406-- 32,534 --42,597-- 21,911-- 44,162

    Third: Skilled workers 34,282 --27,920--49,589--85,847-- 88,002-- 46,415-- 85,969-- 129,070--89,922-- 85,030

    Fourth: Special immigrants 6,570-- 5,072-- 9,014-- 8,442-- 7,186-- 5,389-- 5,407-- 10,133-- 9,539-- 5,481

    Fifth: (investors) 824-- 285-- 218-- 191-- 142-- 64-- 129-- 346-- 749-- 806

    See the link below for reference:

    http://www.dhs.gov/xlibrary/assets/s...7/table06d.xls





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  • admin
    02-04 03:45 PM
    retrohatao,

    We're asking for transparency and increase in efficiency in all of USCIS operations including Name Check.





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    thomachan72
    05-26 08:07 PM
    as one member mentioned I am planning to take photocopy (notarized) of my visa and I-94 and carry one copy in the car. I am sure they are not out there to capture H1b/L1 visa holders who are ilegal. They will have to search for years before they can find somebody. There are very very very few it all any of us who might be present ilegally and they very well should know that by now. The should be more concerned about those who come on B1/B2 or other visas like artists etc. These are likely to overstay but 99% of us EB people are legal and very careful to be legal always. But anyway thanks for posting, I am getting my photocopy ASAP.



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