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  • Sunx_2004
    07-14 06:02 PM
    Can new company file amendmend to existing I-140...
    The company who filed my greencard got acquired within 6 months of I485 filing for me, They amend my H1 within 6 months window and now they are in process of amending the I140..

    My question to gurus is-Will he be ok if his new company amend the I140.


    Of course, you know your problems best, but it was obviously irresponsible of you to quit before letting 180 days pass after applying for 485.

    Here is the problem. The letter of employment you send to CIS must have a start date which will expose your violation of the 180 day rule. So unless you lie here, you are likely in in trouble. Your best bet is to suck it up and return to your sponsoring employer. That will ensure your case 100%. Any other option is risky.

    Go to a knowledged attorney. Khanna, Murthy, Gotcher etc., are the names I know.





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  • roseball
    07-09 03:35 PM
    I was surprised to see that nowhere it was mentioned that USCIS processed 25k petitions over the weekend (or nearly 60k in 2 weeks) as reported by some USCIS officials last week and in many cases broke their own regulations by approving several cases with pending background/name checks. That definitely sounds to me like a conspiracy against July filers....In my view, that should have been one of the strongest points we can use against USCIS. I dont think we have a case against DOS as they had to revise the bulletin as USCIS requested more than available Visa numbers and exhausted the quota.....Even Dr. Rice made it clear in her NBC interview from the DOS perspective that revision of visa bulletin caused an "inconvenience" to the petitioners....





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  • dealsnet
    08-21 11:14 PM
    Nobody get any advantage from your situation. We are all very sad about your situation. Even legal IV members are forced to go home after loosing their job and after 6 years in H1B.
    You are here come not in any work visa catagory. Not even in NAFTA.
    You file your I-485 at the time of July 2007 visa fiasco.
    USCIS got 1 million application at that period. So they didn't made much scrutiny your application. If at normal time, you may get a fast RFE and subsequent denial.
    Because of work load it was not happened. I have read all of your previous threads in IV (REGARDING FINGER PRINT ETC). Your case is diffrent with the people here.
    You are ignorant regarding immigration. You have acess to comuter. Google it and get info.

    You are telling about I-485 only.
    YOU ARE NOT TELLING ABOUT I-140 (EMPLOYMENT BASED) OR I-130 (FAMILY BASED)
    IF you are not filed I-130 or I-140 at the time or before I-485, your petition is invalid.
    Except EB1, almost all EB based GC need labor process.

    If your I-94 date is expired and you are not extend it or change to any visa catagory at the time of I-485 filing, you are illegal. IT IS THE HARD TRUTH.
    USCIS will not adjust the status, if the petitioner is not legal at the time of I485 filing.
    After I-485 filing I-94 expiry is not a problem.
    Canada is next country. Why you didn't go back and come in NAFTA or other visa catagory ?

    Thank you to those of you who were kind enough to respond with helpful information and some understanding for my situation. I do appreciate that much.
    And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
    They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
    No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.





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  • smuggymba
    09-10 06:06 PM
    As of 05/10 's inventory report - there were ~200,000 GC application pending across ALL categories.

    I expect they would have reduced this backlog by 40,000 in the last 6 months . Will be verified by the next inventory report due , hopefully next month.

    If they reduce the backlog by 40,000 "NET" per year , backlog should be over in next 5 years.

    If they open the flood gates and let more applications to come in then this NET reduction is not possible.

    more people keep of applying across all categories so the demand is not stagnant, it keeps growing.



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  • ajju
    02-20 03:55 PM
    Ok guys before you shoot it down heres my calc for EB2 pending apps from 2000 to Dec 2003. Obviously its a rough estimate, who knows how many eb3s switched, labor subs etc etc etc.

    From pending apps from 2000 to 2003 dec are about 96. Assume represents 1% of total population so it would be 9600. Each app has about 1.5 dependents so about 15,000? If you assume as lower say 0.5% then number would obviously increase to 29,000.

    Ok now shoot me down.


    Good calculation... On brighter side.. if I assume being 2%.. the numbers would be 7500.. Hope its enough to clear out with just the extra EB1 quotas in this quarter.. And then, next quarter we see some more progress for EB2 India.. Just a wishful thinking...





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  • pointlesswait
    11-13 11:48 AM
    when was the last time you won a legal battel in 2 weeks/months/years time?

    By the time this is ruled in our favor.. i am sure the CIR will be a reality...;-)

    BTW... immigration policy is purely optional... US can do away with it..and you will have no say abt it.

    I think instead of wasting time/money/effort on such an agenda...we must seek more realistic and practical short term solutions and BUT pursue our long term goal of CIR....

    some of these short term policies can be:

    a.) simultaneous filing of 140/485...
    b.) 5 yr ead..without restrictions.
    c.) add to the list..


    IV is acting like a desi politician.. paisa do and shut up..we know what we are doing....they refuse to even entertain such alternate remedies.

    like i had said in my earlier post.. If you pay a BYTCH.. she will sing what you want to hear..hence the fake promises of CIR being a reality..and all.. (remember that 588x bill fiasco) and NOW we know..from the horses mouth.. CIR is dead for the near foreseeable future.

    So i think we should pursue alternate reliefs with immediate effect.

    just my 2cents.



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  • texcan
    01-22 09:30 PM
    Texcan,
    Thanks for reading a long vent. Trust me, what happened to me in 9 months could happen to people in matter of moments.

    So, I still consider myself lucky. Please pray for all those who arent lucky enough.

    Thanks

    your post details how life comes at you fast....
    listen man, it will all work out. Keep doing the good work.





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  • Jaime
    09-10 04:32 PM
    We love the U.S. We won't allow bad immigration policy to continue to hurt our country with a self-inflicted Reverse Brain Drain. Already 100,000 of us highly-skilled immigrants have left in frustration! We won't allow this to continue!!! We are going to stop this madness, AND IT ALL STARTS IN WASHINGTON ON THE 18th!!!! This is not only for ourselves, we are doing this for America!!!!!!!!!!!!



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  • cn0568
    07-23 12:09 PM
    Thanks for your replies.
    Following are the clarifications.
    1. Currently I have only the L1-A Visa stamped on my passport. Also I have the I-94 which is of L1-A Visa (I entered USA on L1-A Visa).
    2. I have received the receipt issued by the USCIS for the H1B and it is valid from Oct-07.
    Hope this helps.
    Please let me know if you require any additional information.





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  • ca_immigrant
    06-08 09:10 PM
    10 yrs???? what are you talking about, the pace at which we are going right now.. minimum 200 yrs+- 6 months:confused:

    saxena sabhib,
    maafi chata huin but I do not agree with your analysis....
    (I am sorry but I do not agree with your analysis)....

    I am thinking more like.....he pace at which we are going right now.. minimum 200 yrs+- 5 months
    (so my prediction is one month less than yours)....I am sure I am right and you are rong...;)

    anways, USCIS does not seem to help us anymore....

    I will go home and try to convince my daughter to sponsor me.....she is 4 currently so I might be able to convince her and get a legal document signed....

    have a good evening folks !



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  • WAIT_FOR_EVER_GC
    07-13 07:46 PM
    just spoke to our firms Immigration lawyer, per them, we will see more movement in Aug Bulletin and in Sept Bulletin we will see Retrogression back to May/aug 2005 for EB2

    reasoning was Oct # would be released so they r trying to capture as many # as they can

    I am april 2006 and it seems it will be a 1 yr wait foir me now.

    This is completely bullshit...... I bet on it that the dates will never come back to Augst 2005.
    He must have said Aug 2006 not Aug 2005.
    Whoever the lawyer is, he has no idea of how cutoff dates are calculated





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  • quizzer
    04-08 04:19 PM
    I look at this bill in a different perspective:

    1. This will give the Indian IT companies an opportunity to move up the value chain. Rather than body shop its employees to clients...they can have all the IT work done at its development locations. Also they can fill americans for half of its US workforce.

    2. It will put an end to 100% H1b bodyshoppers who just make money without having any office and putting their employees onto client locations. These scrupulous bodyshops even dont pay on bench.

    Thanks



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  • rustum
    08-21 12:03 AM
    Hi,
    My company filed EAD for me and my wife along with 485 recently. I am on L1 and My wife is on L2. Is is possible to file one more EAD on L2 status. Looks like, we can get EAD on L2 faster than EAD with 485. My company attorney is suggesting me not to file one more EAD because one with 485 is pending with USCIS. Is it ok to file one more with L2? how long it will take to get EAD on 485 and EAD on L2.





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  • waitingmygc
    02-11 08:59 PM
    The following question is for Gurus and those already got GC.

    Does the online status change from "Initial Review" to "pre-adjudicated"? How the preson can know that her/his case "pre-adjudicated"?



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  • vin13
    11-12 03:32 PM
    Isn't there a limit of 27% of visas per quarter per country per calendar year ? If that limit is there then who will take precedence ? Quarterly Spill over or that limit ?


    To me I think DOS is doing 27% quota limit for first 3 quarters then they are doing spill over so there is no quarterly spill. What if they will show us that there is a limit per quarter in law and they have to follow it. Is it something like deadlock. that trying to follow one law breaks another one.

    What if we end up getting response that there is some action needed from Lawmakers to correct law..

    just random thoughts.

    In simple math, spillover happens only when there are left overs. If they were able to allocate visas to fill the quarterly limit(say 27%) then there is no spillovers. But we know that there are leftover visa that can be allocated quarterly not annually.

    We are not 100% sure of exactly how they are allocating. At the least, this effort will help us understand the current process.





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  • crazyghoda
    01-30 01:50 PM
    Yes I filed on July 5th 2007.

    When do the medical tests run out. I did mine sometime in June 2007. I recall someone mentioning that you need to keep doing those every "x" months or something. Is that true?

    When did you file ur 485, i mean exact date? If you filed very early during July'07 fiasco, probably they started pre-adjudication process based on the receipt date.



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  • sc3
    10-16 02:48 PM
    I beg to disagree. If it was the visa bulletin, then why did they process newer applications first?. That shows some disorder out there. Even when Amazon breaks up, they set their operations right. Here we are being fed the same story over and over again.

    Coming to backlogs, they introduced perm before all the existing labor applications were processed and what happened after that?. All the existing applications were sent to the infamous backlog elimination centers. While those applications were waiting to be picked up, perm applications were being processed left, right and centre.


    Firstly: If USCIS was reacting, they would not have approved the so called "newer" applications. USCIS had to use up the numbers so they took the path of least resistance -- not the right thing to do -- but it can't be branded as a "reaction" to the July 07 issue.

    Second: When you say "approving" newer applications, are you saying approving older applications by PD or older applications by RD/ND (with older being 3-4 year older RD/PD)?? USCIS has never had to process applications by PD, only factor they have is RD/ND. PD just tells when someone can be approved (or apply), it doesn't get you any priority in the processing queue. I am sure you dont want the situation where you have your later PD, earlier RD, but someone who chose to delay his app to come with an ancient PD, but a fresh RD to get processed ahead of you (when both of you are current) do you?


    I am bit out of touch, but isn't PERM/BEC a DoL operation not USCIS. Then again, those were the factors you have no control. Even when it was just the Labor Cert process, there had been disparities between various processing centers. Some people made use of provisions (sometimes fraudulently) to get their LCs through these "fast" process centers. I too have been affected by the Perm/LC situation, but I don't think USCIS is to take blame on that.


    Am I defending USCIS: No, I am just saying if people want a Flower campaign, they should go ahead with it. No point putting FUD to stop people from doing what they want.





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  • NKR
    10-16 03:24 PM
    So to put extensive blame on USCIS for the "reaction" (I assume you are talking about the backlogs) is not right.

    Read your above sentence, then read your below sentence. If I try to find a relation between these two sentences I do not know what you are talking.


    Firstly: If USCIS was reacting, they would not have approved the so called "newer" applications.


    Second: When you say "approving" newer applications, are you saying approving older applications by PD or older applications by RD/ND (with older being 3-4 year older RD/PD)?? USCIS has never had to process applications by PD, only factor they have is RD/ND. PD just tells when someone can be approved (or apply), it doesn't get you any priority in the processing queue. I am sure you dont want the situation where you have your later PD, earlier RD, but someone who chose to delay his app to come with an ancient PD, but a fresh RD to get processed ahead of you (when both of you are current) do you?

    Again I am not sure what you are saying but MY PD is in early 2004 and RD was in Aug, they moved my application to another centre and my new RD is Oct. then I saw 2006 and 2007 cases getting approved. This is not right, why are they going by RD and not on PD?.


    I am bit out of touch, but isn't PERM/BEC a DoL operation not USCIS. Then again, those were the factors you have no control. Even when it was just the Labor Cert process, there had been disparities between various processing centers. Some people made use of provisions (sometimes fraudulently) to get their LCs through these "fast" process centers. I too have been affected by the Perm/LC situation, but I don't think USCIS is to take blame on that.

    Exactly dude, there should be some synchronization between DOL and USCIS. Just saying that USCIS is not responsible for DOL�s actions does not solve the problem, they can conveniently blame each other and take till eternity to process applications and you will keep saying the same thing that USCIS is not to be blamed.


    Am I defending USCIS: No, I am just saying if people want a Flower campaign, they should go ahead with it. No point putting FUD to stop people from doing what they want.

    No, you did not say that, all you said was USCIS is not doing anything wrong.





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  • GCBy3000
    01-16 10:10 AM
    I have already signed up through my bank to send $20 everymonth to IV. It will also have memo with my name gcby3000.

    So you can count me against $20.





    qesehmk
    02-08 08:24 PM
    Frankly I think that this lawyer is just posting provocative material to make himself popular. He has made many predictions and number of "useful" analysis in the past, most of which were found to be untrue. I used to read his posts until recently I figured out that the analysis was unreliable. This is just my opinion.

    I am tempted to think the same way ... although I am not sure.

    By the way .... I don't understand the difference between unused and wasted. If I am not wrong, waste happens when a) visa number is issued and is never used in a fiscal year. b) visa numbers are available but USCIS isn't able to produce enough demand.





    webm
    04-29 09:00 AM
    I opened the mailbox at home this evening and to my complete surprise -- the physical card! Sudden burst of efficiency at USCIs, 6 days from approval to actual delivery of card.

    Good luck to everyone else!

    Enjoy the Green on hand!!



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