Saturday, July 2, 2011

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  • feedfront
    08-26 03:39 PM
    Even my case was transferred from NSC to TSC. My I-485 receipt has receipt date as July 3 2007 but the notice date is September 7 2007. My A# is on the receipt but no PD.

    Did you get transfer notice? What's receipt date on transfer notice?

    I've everything on my I-485 and transfer notice but PD is missing because it was not filed concurrently with I-140.

    I-485's receipt date is Jul 30, 2007, notice date oct 11, 2007
    Transfer notice for I-485: receipt date is Oct 10, 2007 and notice date: Oct 12, 2007.

    Both has same A#, and receipt#.




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  • snathan
    02-10 10:25 AM
    dcu bill payer needs phone number for iv.
    Can someone post tel# for iv ?

    (202) 386-6250




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  • dtekkedil
    07-06 03:57 PM
    We need some powerful press release for this Gandhigiri

    Working on it... have faith!




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  • tonyHK12
    02-17 11:05 AM
    thanks ub27, gc_on_demand

    This is pathetic.
    Agreed. $5000 is about the same amount a single student paid to TVU, the diploma mill. This used to be the price 1 employee paid a fraud DCC for processing a Green card.
    What more can I say....
    .



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  • reedandbamboo
    09-13 10:12 PM
    Folks

    However, this one department called USCIS is literally toying with us for yrs now as if we are slaves or we are obligated to them. We dont want anyone to do us any favour. We need justice.

    Friends - I have self respect and i wasn't born chanting Green Card. I AM going to face them, confront them, demand them to provide justice, if not I want them to REFUND every penny i have paid so far. If this "I AM" becomes "WE", half the battle won. TOGETHER WE STAND, VICTORY/JUSTICE FOR ALL. If you are still hesitant, you made a bad choice of choosing option 2. Please go back to option 1.

    ITS ABOUT TIME.

    Could you provide details on your POA (Plan Of Action) .. how are you going to go about facing them, confronting them, demanding justice? I'd be happy to pitch in.




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  • knnmbd
    05-03 10:53 AM
    I don't mean this to be subjective. Earlier, I hv also seen a few others raise this question on the Advanced Degrees and exemptions.

    Master's Degree in the US from an accredited Instituiton plus three years of related Work experience but the employer may have chosen to file under EB3. In my case, my employer does not acknowledge the Advanced Degree indicating that the position for which the labor was granted for did not warrant a Master's Degree.

    What are my options for availing the SKIL or STEM/PACE provisions? I seem to meet all clauses to be deemed portable. Can I port to a different employer who may be able to further the process through these provisions, as and when they come into effect and continue being on EB3, but being exempt from the limit? Does this shake the grounds of the labor approval (for EB3 and the position not mandating an Advanced Degree)? Am I stuck? I have even considered changing my category to EB2 and being able to avail the priority date...

    The Master's degree + 3 years experience will be a requirement that the USCIS will have to be exempt from the cap. It does not matter if you�re employer has filed with min. requirement as say a B.S + 2 years exp. When you hit the 3 years of experience in related field and ALSO previously have a M.S degree from the U.S university you will be able to file for your I485 regardless of whether your initial LC said that the min. qualification for job said just a B.S. Please correct me if I am wrong.



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  • sands_14
    08-13 02:01 PM
    DId your checks get cashed and receipts issued.
    I heard from a friend,he got a receipt but checks not cashed yet.



    My attorney just emailed me, she received receipt notices for 485, EAD and AP for both me and my wife.

    My application was received on July 2nd 9:01 AM, if it matters it was signed by R Mickels. Also, there is no LUD change on my I140 application, so I guess LUD changes on I-140 mean nothing.

    I have not seen the notices yet so I dont know what the notice dates are.




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  • atmercyofdol
    10-08 02:47 PM
    Are you in the IT field?

    There's no way it can be made 100% FIFO without installing cameras to monitor every IO adjudicating the case.



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  • unitednations
    03-08 03:17 PM
    I agree that legislators are very aware of the difference between the H1b issue and the green card issue. Yesterday on CNBC, Larry Kudlow interviewed Sen. Grassley from Iowa on this topic. When Larry was asking about these workers contributing to society, buying homes, starting companies etc, Sen. Grassley told him he was mixing up two separate issues. Basically he only wanted to talk about the H1b issue.
    The sad truth is these guys(like Sen. Grassley) are anti immigrant period(they give you all the blabber about I am 3 generations separated from immigrants etc. but that is quite simply them satisfying their conscience/the public conscience on this issue, I always wish the interviewer is an American indeginous Indian), and instead of saying so openly, they combine the issues when convenient and separate them out when not so. I agree with you that it is not because they are not aware. Right now their focus is on stomping out fraud, he mentioned cases of people coming on H1b and running laundromats, or working in different locations to what they are certified(ouch). The new quota that opens up on Apr. 1 will indeed be a watershed. I am expecting really restrictive and nasty legislation in time to greet this. I truly hope for very few applications, so the Hon. Sen. understands that this is a demand driven issue for the most part and fraud where it exists can be addressed but not with blanket legislation which effects can be unintended.
    Nonetheless this issue of Country caps has become so draconian that if indeed the US changes its policy and institutes country caps on H1bs as your posting suggests they might in the end, then we will have things go in a certain direction.......protectionist, and there will doubtless be backlash. As it stands the current insensible policy is such that people come on H1b, settle into a job, have their US citizen kids, accumulate enough social security credits, savings etc and then facing an inordinate wait, perhaps even have to leave, what do you think the result is going to be? Well, the return to India where US employers given their US experience/education are more comfortable hiring them hence more outsourcing, then their US citizen Kids return for Gov't aid/loans to college, then they sponsor their parents to come in and receive social security and medicare etc. while their working contributions and taxes would have accrued to another country. Really? Does that sound like good policy?
    If the US chooses to Cap Indian H1bs fine, let it be, however continuing such policy only leads to and effectual ban on EB green cards for Indians.

    Very well written. I can tell you through my observations of living in this society for 35 years:

    1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)

    2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)

    3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.

    4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.

    5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).


    Now I don't want to get people upset but let's look at some things that have happened since 2005:

    There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.

    In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.

    In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas

    Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.


    Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.

    Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?

    This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.




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  • rongha_2000
    04-28 01:22 PM
    Can you let us know how did you search your case by? Website, what data do I need to pull the record? I dont have my labor copy with me. Also I dont know where my labor was filed.

    I searched my case on FLC data center and found following for my LC approval

    Employer_Job_Title = Computer Project Manager
    Prevailing_Wage_Job_Title = Computer Project Manager
    Prevailing_Wage_Level = Level II
    Prevailing_Wage_SOC_CODE = 11-9041.00
    Prevailing_Wage_SOC_Title = Engineering Managers
    Prevailing_Wage_Source = OES

    While I work as senior software/application developer in my current role with the same employer who filed my LC and GC.

    Now I am getting an offer from another employer with same title "Senior Software Engineer".
    Is it advisable to change job as my job code (job description) might be different from the one that was mentioned in LC?

    Thanks in advance for your inputs and thoughts.



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  • unitednations
    08-25 03:18 AM
    Is it possible for an administrative fix at the USCIS where the H-1B worker doesn't fall out of status immediately on losing his/her job? Or would such a provision require a law to be passed by the Congress?

    A grace period of say 3 months to look for a job, or to pack up and leave, would relieve the pressure on the laid off H-1B worker and reduce incidents of system abuse.

    If this can be done at the USCIS, perhaps we can write to the Obudsman and also to the USCIS director/associate directors. This is an important issue in this economy. I will be happy to draft a letter.

    Good intention but this type of information by telling legislators actually hurts the cause. You want people to remain in USA but not complying with the visas.

    Pre 9/11 when the economy was slowing down and there were layoffs; there was a memo from uscis that they would be lenient in transfer cases (give a period of a couple of months without paystubs). However; everything changed in 2002/2003 when INS went to 0 tolerance policy (ashcroft had a press conference saying this). That is when things started to change. The memo has since been rescinded (ie., zero tolerance policy).




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  • godspeed
    02-12 03:33 PM
    bump



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  • GCNaseeb
    10-01 06:46 PM
    Attorney received all our Receipt Notices today from CSC. Our packet was reached NSC on 7/27. NSC sent the packet to CSC. CSC transferred our I-485 back to NSC on 9/26 as my I-140 was approved from NSC.




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  • kdprasad
    08-13 07:55 PM
    Thanks kdprasad - where your I140 was approved from

    Nebraska SC



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  • 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.




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  • anujcb
    06-05 03:30 PM
    Did some investigation into the LIN/WAC number series that was issued starting from June 1...here are the details.

    WAC071795xxxx - June 1
    WAC071805xxxx - June 2
    WAC071815xxxx - June 4
    ......


    LIN071735xxxx - June 1
    LIN071745xxxx - June 4
    ......



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  • Mount Soche
    01-14 09:21 PM
    I'm just sharing what my attorney told me about AC21. He says that he always has his clients inform the USCIS (not that one has to but that's what he does for his clients). He says that apparently before the USCIS adjudicates the I-485, they tend to issue an RFE, just to make sure you're working or have the job offer etc. So an RFE isn't unusual or a problem, it's just routine. Also, he says to make sure that the old company makes the job fit. He said to check the codes from the labor cert. approval to see if the new job falls within the same category as the old. I certainly will use AC21 when I find a new job and I wish everyone luck whatever you decide to do.




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  • gc_on_demand
    05-01 12:10 PM
    gc_on_demand ,

    I am not anti at all. I am trying to understand the law.

    How does a (I485) spouse doesnt have EAD and AP on hand (even if not using it and in H4/L2 etc)?
    Wont they have problem when the dates become current and GC is issued to primary.

    Lets say I have PD of Aug 2007 and If govt makes me to file under EB and my wife under FB. When date becomes current in EB ( which has higer probability ) I will be able to file but my wife will not.

    Now questions will be what will be her status ? If I switch to EAD ? second if govt give them a legal status but they have to wait for 3-4 years to date become current and file for 485.




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  • raju123
    07-03 01:31 PM
    Please send following message :


    Message to Emilio

    Thank you for giving us Hope for few hours on July 1st and taking it away. We enjoyed the pain. Wish you all the best for future Visa Bulletins for Employment based legal immigration

    Don't worry, we will wait for 100 years for our green card.




    qasleuth
    03-09 11:11 PM
    Suri,

    Here you go...Answer to your question is in the below thread. Please come forward and also ask your friends to contribute.


    http://immigrationvoice.org/forum/showthread.php?t=24184&referrerid=15623

    You did raise some good points on how to sell the concept in terms of what 'tangible' benefits can we see in the near future and we now seem to have the opportunity.

    Akhil,

    I could convince 3 of my colleagues who are READY RIGHT NOW to contribute $1000.00 each. I can do $500.00.
    But they asked me just one question. What is the action plan that IV is collecting these monies from prospective immigrants who are already in pain due to this economy and all that. I did tell them about July 07, flower campaign, but they are not willing to listen. They said they did not contribute at that time due to some reasons, but they now want to contribute big way. They have a much bigger friend's circle than mine who are also doing good from top schools who may contribute too. They may also register in IV soon.
    But their only question is "What is the action plan for FUTURE". Can you please help.
    I am confused myself with the same question, no offense. Like me, they wouldnt wait and wait forever for things to happen. We Strongly believe in any action towards goals. Trust me, we need lots of money, but the way they responded made me feel uncomfortable.




    alterego
    10-26 12:03 AM
    Hi Ahimsa and other poster who questioned this:

    Why SKULL bill ? As a high level manager I have learned after years of experience that you need to use good sense of humor, satirize when confronted with insanities and very stressful situations. In my life such a twaddle this immigration process has been that I need to come up to this forum and sometimes make some of us laugh a little bit from this situation. Calling it SKULL bill is a way to apply my sense of humor to this process. Please do not take this as an offense.

    Please, please. Folks, didn't you see immigration-law.com and AILA.org - a reliable pro immigration sources - outlining that that anti CIR calls outnumbered the pro CIR calls 400:1 ? Go to AILA.org and research the info there by yourself if you don't trust me.

    One more indication for you, which doesn't rely on biased polls:
    In spite of massive lobby and muscles leveraged by the corporate sector, why do you think immigration bills - both pro legal and pro illegal - have been unsuccessful in the last two years ? Come on guys, by now you should not be questioning whether the public is against amnesty or even legal immigration. It is evident that the majority of citizens do not benefit from more immigration. Do you have an idea how much lobbying $ got involved on this without much success so far ? I am surprised that you are even raising this question. Why Americans should want more foreigners to compete with them when the real wages have declined ? That would defy logic.

    Here, a fresh related evidence. Those who have an open mind should be able to understand this:
    http://diversity.monster.com/articles/coming_to_america/?WT.mc_n=MNL000283

    Does the Workplace Welcome Differ?

    Are Americans more welcoming to Asian immigrants than to Hispanics/Latinos? C.N. Le, who directs the Asian American Studies Program at the University of Massachusetts, calls it "a complicated issue." She thinks that "Americans in general are becoming slightly less welcoming to immigrants in general. Part of it has to do with illegal immigration, but it spills over and affects legal immigrants too. There is always workplace tension between those who gets jobs, and those who get left out."

    Talk about this article and get advice on the Diversity at Work message board.


    Here is a fresh poll for you, since you asked:
    source:numbersusa.com (the poll was not conducted by numbersusa.com though).

    QUESTION A: If immigration continues at its current level for the next 50 years, experts estimate that it will add approximately 100 million people to the United States population, which currently is 300 million. Knowing this, would you say the country needs to:
    % SAYING

    NOTE: Typically, poll results for categories are released to the public in rounded numbers that will tend not to add up precisely to 100%.

    REDUCE number of immigrants INCREASE number of immigrants Keep number the same Not sure
    ALL VOTERS 64 3 26 6
    Male 64 3 26 6
    Female 65 2 26 6
    PARTY
    Democrat 59 2 32 6
    Independent 59 4 31 4
    Republican


    Immigration is a demographic imperative for America and the rest of the western world. Fact is the modern western cultures that empower women, encourage them to the workplace, make contraception/abortion freely available and make alternative lifestyles a choice, leads to a drop in fertility rates. Liberal leaning countries have amongst the lowest fertility rates, well below replacement levels.

    The above makes it an imperative to import labour and yes sheer people to take care of the old and infirm, to keep the service sector rolling even if manufacturing etc is outsourced. The only question is what kind of immigration and how much of it. In short the answer is the USA is not a dumb country, it generally always acts in its self interest faced with these choices. I believe EB immigration will soon be liberalised. This would be a smart thing especially if coupled with a crackdown on illegal immigration.

    US population is growing yes, but the elderly population is exploding. More are getting older (baby boomers) and once there there they are sticking aroung longer. I wish there was a measure of working age population only, the growth of that population is probably much less than that of the general population.



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