Sunday, July 17, 2011

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  • nozerd
    04-13 11:45 AM
    So why isnt EB3 India moving at all ?

    Even bigger news is that "Other Workers" have become Unavailable for the whole world.

    It furthers strengthens the theory that good number of 245i's are EW category and not in the regular EB3 category.

    This hypothesis is further supported by the fact that all EB3 dates have been sustained above May 1st for a few months now.





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  • sanju
    07-19 10:58 PM
    Yes, and unfortunately meaningless for me, because my current company won't do an H1 for me. When I joined this new company on EAD, they clearly told me that maintaining valid immigration status is my headache. They won't file any applications to US govt for me. It was made absolutely clear to me. :-(


    If your current employer is not ready to file H-1, you can find another "potential" employer and file a new H-1 from the another "potential" employer. Tell the new employer that 'premium filing' is a pre-condition for you to join them.

    Everybody on this thread has advised you not to go B1 route because it WON'T work and it WILL complicate the situation.

    Hope this helps.





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  • Eagle
    12-05 02:13 PM
    Easygoer,

    From your reply, I get that you got your EB2 approved by equating CA to Masters degree. Can you let me know whether your bachelors degree was 3 years or 4 years?

    Also, could you let me know which month and year your appeal got cleared?

    Thanks a lot for your help.





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  • gc_check
    10-06 07:47 AM
    my case is quite funny.
    Applications went to texas service center originally.
    From there they were transferred to California where they issued my EAD and AP but transferred the application back to TEXAS.

    Oddly enough the only thing that i initially got in the mail was a transfer notice and the ead cards. I didn't get the receipt notice, the AP or a FP notice?????/

    Any Idea whether anyone got ead without FP?

    Same with my case too. Got receipt notice only for my 485, No RN for EAD/AP and none for my wife. but received the transfer notice from CSC, case transfered to TSC and also received EADs.

    Check with your attorney, they might have the receipt notices. In my case, they did have them. Also AP shows as approved, not received it yet and no updates on FP yet. Hopefuly will get soon.



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  • svam77
    08-10 12:47 PM
    I just pity you man .... cant u understand what i said about my reason to take an LC .......jsut not to wait to apply for i 485 for another x years ......

    Your discussion is going no where ........I wouldnt even have cared if it was a last month's labor .......

    And also USCIS would have initially implementecd this for a good reason and they would not have terminated it if they wouldnt have found that many companies were misusing it ......

    Anyways ....if u have time .....keep going on this discussion, on a topic which USCIS itself closed last month ...

    U told once , twice or n times on this forum that u dont like LS, and yes USCIS heard it and closed it .... so just forget it ....


    the guy who actually started this thread must be enjoying seeing all these posts hahahhahhah





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  • indio0617
    12-20 10:55 AM
    At least some good news are arriving prior to the X'mas holiday! :p
    This might have a huge impact on people who held a H4 b4 switching to H1B!

    http://www.uscis.gov/files/pressrelease/PeriodsofAdm120506.pdf


    GOD! This is the best news I have heard this year ! I am yet to read the document in detail. Thanks for digging this out...



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  • RandyK
    06-10 10:36 PM
    Can anyone care to take a guess at this please. Especially seniors who are pretty familier with the backlog.

    What I am trying to figure out is if the current backlogged cases for Indians are about 120K, how many could be there for China/Mex/Phil?

    Could it be as high as 70K? or less?

    I would appreciate someone taking crack at this.

    My blind guess is about 50K. Leaving EB3 ROW with a backlog of 30K.

    If China and Mexico and Philippines backlog is like 60 or 70K that means ROW will be current by the end of the next fiscal year.

    This would result in over flow of the excess to retrogressed countries.

    Can someone try to breakdown the 220K backlog per Mr. O, please.

    According to Mr. O.

    India = 120K
    China = ?
    Mexico = ?
    Philippine = ?
    ROW = ?

    Thanks





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  • hopefull
    07-06 09:43 PM
    Looking at your writing skills, I will be amazed if you can get yourself a job in a BPO !! I am sure, you are one illeterate idiot, who just wants to ruffle some feathers and get some attention .. Damn.. I should not be wasting my time reading your messages itself !!!

    BTW forget about the writing skills ..what are your options??

    Nothing other than INDIA if you get kicked out.



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  • Macaca
    09-03 08:26 AM
    From The Contribution of Legal Immigration to the Social Security System (http://www.aila.org/content/default.aspx?docid=12396) By Stuart Anderson, February 2005

    When you work and pay social security taxes, you earn social security credits. Most people earn the maximum of four credits per year. Each of the three main Social Security programs accumulates credits in the same way.
    To qualify for retirement benefits you must have worked for at least 10 years for a total of 40 credits.
    The amount of benefits is based on a person’s average earnings over 35 years. If a person is credited for less than 35 years of work, the missing years are averaged in as zeros, greatly reducing benefits.
    Social Security benefits to current retirees are funded primarily out of the taxes paid by today’s workers. For that reason additional workers are extremely beneficial to America’s “pay as you go” system. (page 4)

    Immigrants typically arrive near the start of their working years and may contribute to the system for up to four decades before receiving any benefits.
    In addition, the immigrants have children who upon reaching working age immediately start paying into the Social Security system. These children will not receive any benefits for often more than 6 decades after the arrival to America of their immigrant parent.
    By the time the child of the immigrant starts receiving benefits, the grandchild (or grandchildren) of the immigrant will already have been working and paying into the Social Security system for many years.





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  • octoberbloom
    12-31 12:17 PM
    This thread seems to express my thoughts.
    I used to wait till my dates got current. With my dates being current since November, I still wait with no sign of improvement.
    I tried calling the 1-800 number. But, did not get any useful information.
    Took an Infopass appointment couple of weeks back. But, it was of no use.
    The officer at the local office read the same status that I see online.
    She said that my case was transfered to Texas center. (I knew this since October 2007). Only additional information she gave me was that my namecheck got clreared. (Though this is important, I dont think this really matters to get my case processed).

    I told her that I have been waiting since years and some of friends who filed later than me already got their GCs, she felt sorry for me but she said there is nothing she can do for me. Not even a Service Request since my dates are within the processing times.

    Its getting difficult for me......Also, in this economy its getting tough everyday to hold on to the job. Who knows may be this year quota might be over too. It will definitely be a big relief if we get the GC.
    I thought there is nothing I can do now till my dates goes outside the processing times. Please advice.

    Good Luck to everyone.



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  • bfadlia
    04-14 03:45 PM
    I just got back from a lengthy fight with my local and state DMV offices to convince them I'm legal to continue having a drivers license. I'm EB, in the adjustment of status stage since July 2007. DMV asked me recently for proof for status check. I took the pending I-485 receipt and while they told me it is an acceptable proof, they said they have a rule that if the document has no expiration date, they can only give you a driver license with validity 6 months beyond the receipt date of your document (with the wild assumption that any I-485 application is approved or denied within 6 months)
    I have nothing against local government and their agencies enforcing immigration, but if you won't give your staff the necessary training to comprehend what legal immigration status is then it will be a disaster





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  • alterego
    07-06 02:18 PM
    Immigration Voice member Dr. Murtaza Bahrainwala, who was also quoted in the New York times article today about the July Visa bulletin fiasco and the resulting fallout from it, will be on NBC nightly news with Brian Williams tonight around 5:30 Central time.

    The interview also has snippets of interview with USCIS officer as Brian Williams has interviewed USCIS over this issue also. So its a "must watch" thing.

    This will be on NBC and that's good coz you dont even need cable to watch this. In your local area, the NBC channel affiliate will be broadcasting the "Nightly news" with Brian Williams.

    Local times may vary depending on your local NBC affiliate. Its most likely 5:30 Central time tonight but check your local listings.



    Thanks to Dr. Bahrainwala for the interview.

    Wow. Very visible place to get on the radar. Can't wait to see it.
    If I remember correct in the NYT article, he has spent something like 11yrs waiting to just file the 485.

    I hope, really hope that out of all this we can atleast get a visa recapture legislation. It can be considered as undoing the inefficiency of the USCIS over the years.

    It will help everyone in the EB line at every stage in many ways.



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  • shukla77
    05-30 09:53 AM
    Thanks to all the people who are participating in this small initiative. Yesterday evening the number was 27 and today it is 166. At this rate we should hit 300 by tomorrow morning.

    Keep in up..:)





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  • eb3retro
    01-05 12:16 AM
    So is it worth while to invest $500 in PMI certification?

    did you read my response???



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  • spindoctor
    07-20 01:21 AM
    well since we are in the mood for quotes here's a different take on the use of past moves in making a current move:

    George Santayana:
    Those who cannot learn from history are doomed to repeat it.

    Etienne Gilson:
    History is the only laboratory we have in which to test the consequences of thought.

    Kurt Vonnegut:
    History is merely a list of surprises. It can only prepare us to be surprised yet again.

    Pearl S. Buck:
    One faces the future with one's past.

    though ofcourse there is no point in fretting over split milk, learning from the past is very very important... Both your own past moves as well as those of people before you.

    History does not repeat itself. The historians repeat one another.
    Max Beerbohm

    History will be kind to me for I intend to write it.
    Winston Churchill





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  • abhijitp
    07-06 02:16 PM
    Thanks Dr Bahrainwala for your efforts, thanks LogicLife for the update.
    We should work to gain more media coverage.



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  • snathan
    06-16 10:32 PM
    If you hold work visa like H or L you may need to get the re-stamping upon the extension of your expired visa. H1 status and Visa stamping both are different things. H1 approval is the authorization to work in US, and Visa stamped on your passport is authorization to enter into USA.

    Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.

    Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.

    But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.

    The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants

    Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS

    There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school�.

    So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.

    If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.

    Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.

    We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.

    Once we get enough people and stories, we can draft letter along with these stories and send it to relevant authorities. So please spread this to other people.

    Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.





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  • prav27
    04-01 08:07 PM
    both fax sent





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  • adibhatla
    02-20 12:57 PM
    Anil,

    Yes the notice (I was mentioning) and the receipt number are the same. If you apply for MTR and you receive the SRC number you can continue to work. If the decision is positive your case will be put back to pending status else you need to get back to your lawyer to determine the future course of action.

    adibhatla,

    Could you please review my situation? My attorney told me that I can not work untill the decission comes out from USCIS. In 485 denial notice it was mentioned that ....
    -------------------------------------------------------------------------------------------
    Upon consideration, it is ordered that your application for permanent residence, form I 485, filed on Nov 1 2004, to adjust your status to that of lawful permanent resident, be denied for the following reason (s):

    On February 13 2008, the US citizenship and Immigration service�s issues a revocation on the underlying form, immigrant petition for alien worker. Since the underlying petition is revoked, a visa is immediately not available. As such you cannot adjust status to that of a lawful permanent resident. Therefore, the form I-485 application is denied.

    8 C.F.R274a.14 (b)(1)(i) allows termination of employment authorization when it appears that any condition upon which it was granted has not been met or no longer exists. If you have received an I-765 for classification C9 based upon this pending I485, you are reminded that this EAD is no longer valid and can not be used to allow yourself to work in the United States.

    The decision leaves you without lawful immigration status���.
    --------------------------------------------------------------------------------------------

    After filing MTR (I290B) we received receipt number SRC-09 -044-xxxxx
    Notice Type: receipt Notice.
    Amount received $585.00

    It states that
    This notice doesnot grant any immigration status or benefit.It is not even evidence that this case is still pending. It only shows that the application or petition was filed on date shown...

    The notice number you are referring is same as I mentioned or different?

    I will appreciate your time and help in this regard. I will get back to you if you need further clarifications..





    Employer: A

    December 13, 2002: Labor date:
    October 26, 2004 I-485: Filed
    April 28, 2005 I-140 Approved (EAC1)
    May /2005 I765 Approved
    September 16, 2005 Used AC21- and moved to new employer.
    April /2006 I765 Approved
    Aug 26 2006 Went to India for 1 month vacation using AP
    Sep 20 2006 Returned to US
    April /2007 I765 Approved
    May 13 2007 Went to India for 1 month vacation using AP
    Jun 02 2007 Returned to US
    February 14/2008 The I140 IMMIGRANT PETITION FOR ALIEN Worker
    was transferred and is now pending at Texas

    February 22/2008 I765 Card production ordered.
    NOV 08/2007 I140 Notice Returned as Undeliverable to the employer/Attorney

    March 03/2008 I140 Notice Returned as Undeliverable

    March 05/2008 I485 Denial Notice Sent


    August 28, 2008: the post office returned the notice we last sent you on
    this case I485 APPLICATION TO
    REGISTER PERMANENT RESIDENCE OR TO ADJUST
    STATUS as undeliverable
    Finally I got my denial notice. It was delayed due to previous attorney�s negligence and mistakes.

    Nov 26 2008 MTR received and pending

    What will be my fate? How long should I wait??





    desi3933
    02-03 04:59 PM
    Almost all holders of the CA have a 3 year BCom. We have had, as far as we know, 100% approvals showing the CA = US Masters with the proper documentation and a professor's expert opinion letter. Also with AMIETE.

    Sheila -

    Please refer to this pdf from CA web site
    www.icai.org/resource_file/42prof.df.pdf

    CA as well as ICWA are post high school (10+2) programs. Therefore they can not deemed as Master Degree level courses. In fact, I did my ICWA along with my graduation from IIT. Just because most people do it after BCom does not make it Masters level program.

    In the case when/if USCIS determines CA India not to be of Masters level program, it can affect even the approved I-140 petitions.


    __________________
    Not a legal advice.
    US Citizen of Indian Origin





    heywhat
    06-24 01:30 AM
    Bump



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