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  • unitednations
    08-25 09:38 PM
    Is it for direct employee or consulting company?

    People shouldn't get too panicked. It's not like uscis is denying all cases.


    Before it was rare now they are just getting more difficult. California rfe's are a little difficult and unless y you make sloppy mistakes; they generally approve them.


    vermont is where they are going above and beyond in scrutinizing cases. Most companies who file through california are used to the issues and have adapted. However; what vermont is doing is fairly new and companies in vermont region are not used to the expectations of that particular service center since they were very easy in the past.




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  • kumar1
    01-30 02:03 PM
    Stop spreading wrong information desi!!

    let me add my 2 cents here -

    1. There is no rule that h1 status expires after 1 year of no use. The key word here is h1 status.
    2. If the person is in us, then he/she 30 days to start working on h1 job else apply for change of status (or leave us and re-enter on some other visa).
    3. If the person is entering us on h1 visa, then he/she has 60 days to start working on h1 job.
    4. Within 30 days of start working, person should get his/her first paycheck.
    5. By not working on h1 job, you are out of status since oct 1st. (there is no grace period for out status. However, out of status does not mean illegal presence as long as i-94 date is not expired or uscis has made the determination that you are out of status.
    6. 3/10 year bar applies for illegal presence and not for out of status.

    Good luck.

    ____________________
    not a legal advice.
    Us citizen of indian origin




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  • reddymjm
    06-07 12:41 PM
    If you download the 485 form from the following url and go to page six, it states

    "The check or money order should be made payable to theDepartment of Homeland Security"

    I believe previously it used to be USCIS. Now what I dont know is if they will accept checks made for USCIS or not.

    The url is

    http://www.uscis.gov/files/form/i-485.pdf
    They still accept the checks written in favour of USCIS.




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  • apahilaj
    11-25 08:20 AM
    Hi,

    Yesterday I got the response for my SR opened on 10/16 for still not receiving FP notice yet. The letter says that the processing on my case has been delayed since the background check on my application is still open. Please contact after 6 months if you still haven't heard back from us. My assumptions are:

    1. Since they did not mention any where in the letter about biometrics, they are talking about my 485 petition and not my finger printing notice. Guess they misunderstood why I opened the SR with them. Does that make sense?

    2.Is it possible that I haven't received FP notice since my background check is still in progress? I thought that these were two independent process...

    Any suggestions would be appreciated!

    Thanks.



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  • 24fps
    03-08 11:27 AM
    The situation on the ground is this:

    L-1 extensions for software related jobs are pretty much now dead. TCS, IBM, etc., are getting denied. USCIS has changed their definition of "specialized knowledge". Now, "specialized knowledge"means no on in USA has that knowledge and cannot obtain that knowledge through training.

    Staffing companies; small companies or companies who are h-1b dependent (larger comapnies) are stuck in Vermont Service Center. There are some that aren't having problems but usually it starts with one case stuck in background check; followed by a few approvals; then another one stuck in background check and then all of a sudden all cases are stuck in background check. The scrutiny uscis is giving these types of cases is tremondous and they are denying all of them. Right now; if you monitor the forums you are starting to see the denials. However, vermont service center was sticking cases in background check since fall of 2007. Now; those cases are being worked on and denied. We are just at the beginning of this.

    Traditioinal American companies; h-1b and greencard have become toxic and political. Many of them aren't filing greencards for people due to layoffs or too many poeple responding to the advertisements. I haven't seen h-1b issues with them yet. However, if they are not going to do GC then what is the point.

    Staffing companies had easiest time filing labors becuse they don't layoff people. However, after Iowa issue now they have started cancelling h-1b's for people on bench, etc. There are so many transfer requests in open market right now; but companies aren't filing because they are getting rid of their own people and it would be foolish to bring on more people in non productive status. However, when they are cancelling h-1b's and sending people back; it is a layoff and that would preclude them from filing greencards.

    I do know of one person working at FEDEX as a permanent employee (she has greencard); she told me that FEDEX has taken the detemination that they will not be filing greencards for anyone in the near future. Person can stay until duration of their h-1b but then that will be it.

    perm labors used to go through in matter of days. Anything mor then 3 weeks was considered a long time. Now; there is high rate of denials and DOL turning up the scrutiny as to layoffs and general workforce in the place of inteneded employment.

    IT IS NOT A FUN TIME FOR ANYONE CONNECTED WITH IMMIGRATION RIGHT NOW.

    WOW thats rough! just recently a friend of mine who was on the o-1 visa (in the entertainment industry) applied for an extension as his third year was up, he got rejected!! this is unheard of in the o-1 visa (unless you commit some crime, which this guy never did etc) the o-1 doesn't even have the "displacement of american worker" clause that can be used to reject extensions, and once the "extra-ordinary" ability is proved how does it diminish??

    With all this BS going on they might as well shut down immigration for a few years.:confused:




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  • pappu
    02-09 05:56 PM
    People are giving red dots for asking donation....

    Great we will fix all these problem by 2100.

    GO IV GO...there are lots of free riders waiting for you.

    I really feel ashamed you guys.

    I will check who they are cos that means they are anti-IV and anti-immigrants



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  • gcspace
    10-09 10:25 AM
    July 3rd at 9:03 received by R.William
    --------------------------------------------------------
    lutherpraveen
    PDOCT05
    i99
    helpme1234
    kingnaga
    waitforgc123
    Rohan99
    gclongwaytogo
    cool_cat
    sivanu
    GKBest
    bluesky1
    greener_pasture

    July 4th
    ------------------------------------
    waiting4_gc

    July 5th
    ------------------------------------
    chalamcharla
    mbsac
    inr

    July 9, at 11.07 am at Nebraska signed by F.HEINAUER
    ------------------------------------------------------
    krustycat

    July 11, at 11.24 am at Nebraska signed by F.HEINAUER
    -----------------------------------------------------
    technoboy
    jthomas

    July 13, at 11.11 am at Nebraska signed by F.HEINAUER
    ------------------------------------------------------
    gcnm04

    July 16, 9:00 am at Nebraska signed by R Pitcher
    --------------------------------------
    viveckj99
    gcspace

    July 16, at 11.16 am at Nebraska signed by F.HEINAUER
    ------------------------------------------------------
    fetch_gc




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  • knnmbd
    05-07 04:18 PM
    Another warning. We will not tolerate flaming wars or denigrating posts.

    Can't we work together civilly for this? The illegal aliens speak in one voice and are more easily heard. While immigrants who are supposed to be "highly educated" like us have to fight within ourselves over every issue.

    If you find some bad post, report it to us by clicking on the exclamation mark symbol. Don't retort.

    That's exactly what I was talking about. We are not going to have a law that will benefit all of us immediately, but could indirectly and also could take a while to see the effects of it. This does not mean that we try to stall such bills or exclaim that things are not fair as it does not benefit a certain group of people. We need to know that the law makers are at least smarter than all of us here and when they do things they do it with certain reasons and we need to respect that.

    All of us also have to remember that though we might me in the top 10% of this countries intellectual communities we are still all foreigners here and we should of course lobby our cause (like IV is currently doing such a great job of) and leave the rest of the burden to the law makers. I am sure they too have people to answer to and what ever law they pass will have to justifiable.



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  • delax
    07-27 01:48 PM
    Under the latest interpretation, EB3-I India will not get benefit until EB3-ROW gets benefit. So EB3-ROW benefiting will eventually benefit Eb3-I. That is the logical background.


    The other two issues , which provided temporary relief, would have been redundant If we had recaptured the visas. Most of us, across the EB category/Country, would have been current or near current , rendering these issues redundant.

    IV still went ahead with it (I am glad) knowing fully well recapture is difficult issue.

    So no harm in EB3-I seeking temporary relief while still joining forces on the recapture issue.

    Now you need to explain How EB3-I seeking favorable interpretation of spill over distribution undermines "Recapture effort". How are these related??

    Chmur; I appreciate your post. For the sake of a discussion could you share what is the temporary relief that you are seeking. I am curious to know the details. Is it

    1. Revert back to the vertical spillover rule. OR
    2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
    3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.

    Let me offer my answers to the questions above:
    1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
    2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
    3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.

    I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers




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  • marlon2006
    06-21 11:36 PM
    Wait until November for Democrats to gain control ?
    I am sorry, but that is the opposite of what 4 recent elections have shown. In spite of Republicans bad reputation, the American people seem to have replaced incumbents based on their position on illegal immigration/amnesty, not necessarily on their party. Those of us waiting to see Democrats regaining control may be heading towards a disappointment. I am not sure if others understand what we are up against. That's exactly what members of the House want:if you wait after November, more likely than not a number of incumbents may be kicked out of the office. Then it would be easier to pass a House enforcement bill.

    Is the only hope. Reality is that we have to wait for November and hope that Democrats will gain power at the House. Is important to undestand that only the conservative repubblican are blocking and killing the bill. We have to hope for the Democrats to gain control.



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  • gauravster
    07-08 03:17 PM
    I thought we have made immense progress with regard to our moral standards so that one does not have to necessarily make significant personal sacrifices to upholds ones way of life and independence. That is why I believe this is be kind of a Civil rights/Equal Employment kind of case.

    It could be argued that the supreme court has given the government authority to discriminate based on country of origin for immigration purposes. That could easily be justified for new people coming into the country. Albiet it is slightly different from the case of most of us, those who are already in the process at some stage. In our case, DOS/DOL/USCIS acknowledge that we should be granted permanent residence (based on Labor) and even on such basis, is willing to extend our visas/work status indefinitely. However, we are being limited to not change employer (in case 485 is not applied) and to not change the field of work (in case 485 is applied). I think this can be argued as a violation of Equal Employment Oppurtunity by the government by a competent lawyer. Even if the court does not do anything, it will go a long way in people and common people realising these issues.

    I was surprised to find that even my cousin (who has been here since 1980) did not realise that the situation is so bad until we had a discussion about my status last christmas. Most just assume that a small minority of people with wierd/complicated cases are held up for longer then 2-3-4 years.




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  • decastod
    09-17 07:02 PM
    Hello All,

    I just got my finger printing notice in mail, where as I was actually expecting to get case number first. But anyway, here are my details :

    Priority Date : April 2006
    Type : EB2
    I485 received by USCIS on 3 rd July 2007 ( By R. Williams)
    I140 approved from Texas
    Sent I485 to Nebraska. transfered to TX.
    got EAD, Case Number and Finger printing notice today from TSC.
    finger printing appointment on 10/09

    I do not know when and where my checks were cashed from because my company lawyers paid for it and I am in no mood to talk to them.

    Hopefully everyone will get greencards soon. Good luck to all..... see you all in FBI name check forum.

    Thanks.



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  • stucklabor
    06-26 12:56 PM
    Santosh_gc, I don't have a problem when you talk about illegals getting ahead of legals etc. But the comment about illegal immigrants bringing corruption into the U.S. was way out of line. It is unfair that illegal immigrants may get ahead of legal immigrants. Let us leave it at that and not speculate on how they might introduce corruption into society. No discussions on how they break the law when they enter the country - that is a bogus argument. Just about every one of us breaks the law every time he/she gets behind the wheel of a car, unless you claim you always drive the speed limit. By your logic, then every immigrant from India can be disallowed as we are exposed to as much corruption in India as there is in Mexico and we might infect the U.S. culture just as much. Bkam's comments didn't add any value to the discussion and were just offensive.

    Keep the argument civil and logical and treat others the way you would like yours to be treated.

    The Ombudsman, I am an IV core member. You may be a contributor to IV but please don't expect me to answer a call from you just because I disagree with you and you would like to argue about it. Keep your arguments logical, don't give us hearsay about what some lawyer told you.




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  • jonty_11
    05-30 06:14 PM
    I have already given up my Canada Dreams...spent close toa $1000 on it...down the drain...



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  • smsthss
    03-28 10:00 AM
    As per murthy bulletin, EB3 India might become unavailable or will stay where it is.. If i interpret correctly. Looks like EB3 will remain the same. Very disappointing.




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  • nagsen0
    08-29 11:43 AM
    hi GC4US

    Will USCIS REJECT MY PACKAGE OF i-140 AND i-485 because of improperly filed?

    Please help me!

    Don't worry it will be forwarded to the Texas automatically. Please read the FAQ 1, 2, and 3 issued by USCIS regarding the July visa bulletin.

    Your help would be highly appreciated![/QUOTE]



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  • phillyag
    08-25 08:49 AM
    I think you may see some action soon ...( did you have LUD on 8/21 ??)

    Thanks

    No I did not...the date before it was of back in 2008.
    My PD is Jan-17-2006 at NSC.




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  • ca_immigrant
    02-07 05:54 PM
    I think culture vs quality of life is a different thing.

    I am not saying that one place is better than the other...

    There are many things for which I love living in the US...long list...

    there are many things for which I love living in India...I think the list might not be as long as the US one....

    2 of the main things I miss in the US.
    1. Parents , Siblings and extended family....I do not know how much time anyone will have for me if I were to go back -:)
    2. Culuture...mainly for the kids...here once the kids are 10 or 11 I think you cannot tell them anything much...they have thier own mind and will not listen to you....and might end up making wrong decisions...again not saying that this is 100% safe in India...but agian in India I think the kids listen to you till they are a little older....this helps as they might be a little more mature by then and hopefully will make more wise decisions...

    Again, I am not saying life is easier or better in one place compared to the other...

    If I were to go back to India (which is what we plan to do in 2 years from now) then it will be becuase of the 2 main reasons above...I really wish there was a work around for the 2 above and I would then stay back -:)

    Both are great countries with plus and minus....

    Peace !!!
    All the best to all my friends here (the ones who stay and the ones who go back ) !!




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  • raj3078
    10-30 10:48 AM
    You guys are making me sick and making me think that you are lobbying for numbersusa and alikes.....

    Senthil1 -
    Are you working for numbersusa? Do you know that it is made by white supremist who dont want any colored skin including native americans to be alive in US? Talk about your scare of getting too many people with substandard MS degrees. Do you not realize that the companies in USA knows a different in good US school and Bad one - So in nutshell the people from bad school wont get job? Do you know that there is nature's rule - Fittest Survival... So in case you are fit enough and qualified enough to get a job then you will get one, it does not matter if you are from good or bad school....
    Also, looking at your thoughts, it does not appear that you are MIT or Stanford grade material, so do us all a favor and keep your thoughts to yourself....

    Ombudsman - There is a questionmark on Senthil1's origination but we have no such doubt about yours.. You are definitely a MOLE in this IV Organization and the only reason they keep you on board is because this is democracy and we dont want to throw out someone who might disagree - Its about freedom of expression - But when Freedom of expression crosses the line and creates poison pill then we need to weed it out I guess.....
    In any case, I would definitely like to challenge your argument about 400 anti: 1 pro immigration calls. Are you aware of Avertising world rule that when someone does not like soemthing, they tend to tell at least 25 people about it, while when someone likes something, they might tell 1 person. In this case, this classic rule has applied beyond expectations because people who are calling are already racist who sit on their ass and expect all colored people to be their slaves and get things done for them. They want their mexican maid or indian computer programmer doing things for them but the moment they realize that these foreigners might get citizenship and be equal to them, they dont like that.... (and so do you)....So there you go....No wonder they pick up phone and dial....In any case, what better can they do?


    We cannot reject numbersusa and other organizartion's ideas. As our people are suffering in retrogession some of their people and their families are impacted because of job loss in past. So we cannot tell that they do not have crediblity. They have some valid points also though some of them are absurd. But we need to understand them and try to elimimate their fears also.


    QUOTE=purgan]when american's from such third rate schools are not getting jobs, do you seriously think foreigners with their funny accents and relatively poor English communication skills (I'm Indian and can tell you its still a second language to me) can get jobs??

    The market has a way of regulating itself. As someone mentioned above, there were a a lot of H1 space available from 2001-03. But it never got filled because there were simply not enough jobs. Lets not try to set up govenment intervention here....let the free market decide....that is what made this country great.

    btw, NumbersuSA, FAIR and other restrictionist organizations have zero credibility because they oppose even legal immigration.

    That poll....don't impress me much...[/QUOTE]




    GCapplicant
    03-28 12:24 PM
    Yep, I want to predict what USCIS may do,,, not what I want USCIS to do :)

    The priority dates or per country limit does not matter for USCIS right now. My prediction is USCIS currently must be working on the following reconciliations in order to avoid duplicating visa numbers and wasting visa numbers. Unless USCIS have the correct number of visa requirements, the dates will not move forward.
    Reconciliations
    1. Converted or converting cases from EB3 to EB2
    2. Two Sets of applications from the same family ( Husband and Wife)
    3. I-140 from multiple employer for the same applicant (Both Hunsband and wife).
    4. Two different Alien numbers.
    5. The cases stuck in the name check and realased becaues of 180 days memo

    Once everything is sorted out...its going to be one click away for USCIS to adjusdicate the cases. If DOS moves the dates before USCIS sorting out the above, they are inviting a law suits or Mandamus writ due to outside of processing time. Now USCIS is having breathing time by keeping the priority date backward. Probably, after all the reconciliations, unused visa numbers may be recaptured

    The above is my assumption for visa dates are not moving forward.




    vbkris77
    09-24 01:53 PM
    We tend to forget that we are not lawmakers :p

    When EB3 talked about the fair share or EB2 talks about porting, its an unnecessary fight that gets us nowhere..

    When we talk about CIS wasting the visas in the past that led us here and racist remnants of INA in establishing country limits on top of free enterprise selection, We all win..

    I don't know how better I can say..

    I agree.. Remember labor substitution was also legal once upon a time. However when people reported the facts to USCIS the labor substitution was banned..

    But buy then major damage was done..

    Therefore EB2 guys wake up till there is time.

    The priority date should be always based on the particular labor filling or the filing of I140 (which ever applicable)

    I am not against anyone getting GC. If everyome gets GC today, I am all for it. But no solution is in sight. But that does not mean someone elase will try to push EB2 back.

    Therefore just wanted to let EB2 guys realize what will happen to them if no action is taken.

    This is very simillar to labor substitution...

    I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.

    Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.

    This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.



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