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  • gconmymind
    08-16 08:30 PM
    Hi All,
    I m currently in USA on H4 visa, filed for h1b this year and got approved. My question is do i need to go out of USA and get it stamped first and then work here. Or can i work from October 2007 and then get it stamped whenever i visit India.

    Thanks,
    Lisa

    You can start working in USA after 1st Oct. without getting a stamp. I think you need to inform USCIS about changing status within USA from H4 to H1 with some form (I529??). You can get H1 stamp when you visit India.





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  • RajForGC
    02-19 04:59 PM
    Hi I am in process of filing 2nd PERM EB2 next month, my attroney says if the new position and job req is different then I should be fine(which is different than my previous Eb3 with 140 approved, Other Contries). But during my research I found some of the people are saying if 2nd PERM is file for Same employee , diff postion with same employer , it will hang at DOL for ever and I also found below posting only on Zhang & Associate:

    DOL�s Rules about Multiple PERM Filings for the Same Person

    About the PERM multiple filings, the DOL recently confirmed that if an employer has an APPROVED PERM application and files a second PERM for the same employee and a different occupation, the DOL will issue an audit requesting the return of the first application or an explanation of why there is a second application being filed and the first application can not be returned. The DOL is working on providing an FAQ which outlines acceptable situations where they will approve a subsequent PERM application.
    The DOL also stated that if an employer has an APPROVED PERM application and files a second PERM for the same employee and the same occupation that the case will be auto denied. The DOL acknowledged that this poses a problem because there are valid reasons (e.g. change in worksite location) for filing a subsequent case and is working on this situation. In the meantime, the employer must either decide to withdraw the first case before filing the second case or file a motion to reconsider on the second case if it is denied explaining why it couldn�t withdraw the first case.
    (12/25/2006)
    "
    http://www.hooyou.com/news/news122506perm.html

    I am really confuse, any one in similar boat or have any experience reagerding this matter or any attoreny please help.





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  • EkAurAaya
    10-12 03:35 PM
    My many friends from EB3 -Jan to Jun 2003 PD are still in process. I have met 2 EB2-May 2003PD guys already having GC. Very small sample but thought to mention it.
    BharatPremi Please tell me I am wrong! i collected some data... and just by looking at it... it seems like EB3 will move very very slowly not as per your prediction! I m not a stats guru perhaps you or anyone who is a stats guru can shed some light here!

    What is your EB3-India PD (I-485 either pending, or not yet filed)
    http://immigrationvoice.org/forum/showthread.php?t=6203

    Total Applicants (that voted) = 206
    _______________
    % distribution
    _______________
    43.21% 2001/2002/2003
    25.25% 2004
    16.51% 2005
    13.59% 2006
    1.46% 2007
    _______________

    Total Visa available / country = 140000/7% = 9800 in a year
    Keep aside 10% for other categories, so 90% available for EB2 and EB3
    9800 - 980 = 8820 total available for India EB2/EB3
    50-50 between eb2 eb3 (assumption - probably a bad assumption)
    4410/year available for EB3?

    (This is where it really gets tricky!)
    ASSUMPTION -
    Approximate Indian EB3 Applications
    Total Indian applicants / 2 (50-50 between eb2 and eb3)
    Total 200k (low estimate) so EB3 100k approx
    + 100k Dependants = 200k Total EB3

    Year 2001/2002/2003 = 43.21% = 46286

    Number of years to clear off Backlog (2003 and prior) = 46286/4410 = 10 1/2 years

    Up until 1/5/2007 PD was stable at around 5/8/2001

    I think EB3 movement will be very slow based on above calculations

    EDIT: Even if Unused Visas get funneled down to EB3 India > cut the time in 1/2 still looks like 4-5 years to clear EB3 < 2003

    Does this sound right?

    __________________________________________________ ______
    VB History (Since Retrogression)
    Year - Priority Date
    1/12/2004 - C
    1/1/2005 - 1/1/2002
    1/2/2005 - 1/1/2002
    1/3/2005 - 3/1/2002
    1/4/2005 - 4/1/2002
    1/5/2005 - 6/1/2002
    1/6/2005 - 6/1/2002
    1/7/2005 - U
    1/8/2005 - U
    1/9/2005 - U
    1/10/2005 - 1/1/1998
    1/11/2005 - 1/1/1998
    1/12/2005 - 1/1/1999
    1/1/2006 - 6/1/1999
    1/2/2006 - 1/1/2000
    1/3/2006 - 1/1/2001
    1/4/2006 - 2/1/2001
    1/5/2006 - 3/1/2001
    1/6/2006 - 4/8/2001
    1/7/2006 - 4/15/2001
    1/8/2006 - 4/1/2001
    1/9/2006 - 4/15/2001
    1/10/2006 - 4/22/2001
    1/11/2006 - 4/22/2001
    1/12/2006 - 4/22/2001
    1/1/2007 - 5/8/2001
    1/2/2007 - 5/8/2001
    1/3/2007 - 5/8/2001
    1/4/2007 - 5/8/2001
    1/5/2007 - 5/8/2001
    1/6/2007 - 6/1/2003
    1/7/2007 - C
    1/8/2007 - U
    1/9/2007 - U
    1/10/2007 - 4/22/2001
    1/11/2007 - 4/22/2001
    ___________________________





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  • chanduv23
    09-19 07:51 PM
    Please do look at guidelines from gsc999 and paskal for posting on this thread. This thread is supposed to be a fun thread - where you share jokes and u share things that made u laugh.

    Don't post any sensitive information here - this is a public forum. Do not post any lawmaker meeting information here.



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  • MeraNaamJoker
    08-03 04:43 PM
    Any EB3 guys here?

    All the approvals I am seeing here is for EB2.





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  • jg888
    07-11 05:59 PM
    My friend... she is the Chair of the Sub-Committee on Immigration. This is HER area! She is plenty powerful and clearly concerned. I see her as our best hope so far.



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  • sanju_dba
    07-13 04:19 PM
    if i know this correctly, there are only 3000+ visa's (green cards)available for eb3 india and there are atleast 8000 people waiting in 2002. a person with a pd of mid 2002 also may need to wait atleast 2- 2 1/2 years before he/she gets their green card.
    Dont you want to include the EB3 unused visa from worldwide? just the way EB2 got this time!

    This is highlited in Aug VB thread too

    following is pasted from VB link (http://www.travel.state.gov/visa/bulletin/bulletin_5092.html)

    E. APPLICABILITY OF INA SECTION 202(a)(5)(A)AS IT RELATES TO THE ALLOCATION OF �OTHERWISE UNUSED� NUMBERS

    INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.

    For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.





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  • tonyHK12
    10-26 03:48 PM
    Instead of starting afresh with a new bill, it would be wise if our lobbying efforts for legal immigration adjust to the changing political winds in Washington.

    How Would a Republican Congress Handle Immigration? � The Washington Independent (http://washingtonindependent.com/101609/how-would-a-republican-congress-handle-immigration)

    1. Based on the report above, the new heads of judiciary committee and Immigration Sub Committee are individuals who view "border security" as the first step towards Immigration Reform. Since a majority of members on this forum are LEGAL immigrants, we need not worry about any steps taken towards border security and ICE Enforcement.
    ...
    ...
    5. Immigration Voice works with Patton Boggs to voice our concerns with the lawmakers. Former Senator/Congressman Trent Lott works with Patton Boggs. He was the house majority leader, Republican whip and is someone who has (or had) a lot of clout within the Republican party. He was a colleague of Rep. Lamar Smith. He might help us push for the legal immigration piece.[/B][/B]

    Just my $0.02

    I agree with you, I kind of like the way republicans have been handling immigration issues in general so far. I am in New York and we plan on meeting Senator Schumer too anyway.

    We should support their border, ICE policies, but the current president has also set a record for deportations. I also kind of see where americans feel that a secure border and deportation is a priority and its good for every body. We are implicitly supporting, as some are paying 2000 extra for a visa to fund border security!!

    The difference between advocacy and lobbying directly is just citizenship.
    many of us forget that we are in one of the best functioning/largest democracies, no matter its defects.

    Of course the end result is we need a change in law for this, no matter what, and the only way to do this is with a Bill.
    I changed the subject of this thread from 'New Bill', but the title is still the old one. We can do this in other ways too, instead of a new one.



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  • krishgreen
    05-04 11:05 PM
    I had renewed my passport from Indian embassy in Houston last month, I have sent Tatkal fee and all documents and sent it on April 18th and I got my new passport and cancelled old passport on April 19th. It was total surprise.


    Sorry guys it's not April 19th, it's April 20th.





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  • sanju
    02-23 05:22 PM
    I am surprised to find out that someone is still trading in the stock market. It seems CNN just reported that everyone who used to trade stocks have declared bankruptcy or were thrown in jail for running a ponzi scheme, so no one is left in the stock market. Great guys, you are still holding the fort and trading stocks to keep the hopes of humanity alive. 3 cheers for ya all!

    .



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  • Hassan11
    03-26 10:12 AM
    is your PD current in March or Apr VB?? PD has to be current for them to look at your application. also there is also an amount of luck involved in this process

    good luck to us all




    So what is PD good for? I'm EB3 ROW, I485 still pending, and am seeing EB3 ROW's (same CoC) in with later PDs already approved.





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  • drirshad
    06-29 05:25 PM
    Hellooooooo can u post the url to the above posting from AILF



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  • Sachin_Stock
    07-14 03:16 PM
    I have failed to see where IV has been showing discrimination or bias towards Eb2 versus Eb3?

    Not taking up a specific Eb-3 cause does not tantamount of neglecting Eb-3. Has IV done something in past 'proactively' for only a certain category of Eb? If not, then how can we accuse IV of ditching Eb3, at the same time?





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  • marthand
    01-23 10:36 PM
    This is one hell of a great post - examining different reasons why non-GC holders have or haven't bought a home.

    One of the things that we need to understand is that for many of us India still represents that "safe and secure" boat that we really had to jump out of physically to come here to the United States and there is no reason for us NOT to make that transition emotionally, spiritually and in every walk of life. After all we hope to get GCs because we want to make the United States our permanent home. Therefore physically holding a GC really shouldnt decide if you need to buy a home in the US or not - especially if you have 'intended' to make the United States your home permanently.

    I bought a home 2 years ago and although the economy and housing market is down - on account of which I have lost a percentage of the value of my home. I am not here to feel bad or complain about it. I do understand that from a financial standpoint there is a level of risk involved in investing in a home with or without a GC, as is with every other thing in life. One thing that we need to understand is that a home is not the investment, or its growth, or its safety and the overly protective need to save it. There is no guarantee that there would have been a reduced level of risk involved by buying a home in India, if we lived there. But that said one must still be very careful to ensure that the delicate balance of measuring the financial ability to buy a home and match it in such a way that it does not hinder nurtuting the family that resides in there. I agree that the financial decision to buy a house to make a home out of it, needs to be done very carefully with great thought in mind such that this investment doesn't hinder the delicate dynamics and quality of life of the family members who are making the house a home.

    A home is the fond memories, the happy and sad times, the times of enjoying the unique relationships with each other the God has given us - and the bonds of love and affection that pull the family together - and this must be enjoyed irrespective of the investment and financial obligations it brings, since it truly is a labour of love. A home for each of us is what we strive to make of it; our attitude, ability to love and nurture our family, ablilty to derive peace and contentment from the relationships we have; and a willingness to integrate and assimilate into American Life; since by virtue of getting / accepting a GC we agree that the United States is our permanent home.



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  • santb1975
    04-10 12:28 PM
    gsc999 - Thanks for all your Help and Encouragement. It is greatly appreciated. This initiative would not have been possible without your help and guidance

    Pappu - Thanks for your support and endorsement of this campaign.



    Pappu, thank you for linking this thread from the main page





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  • Lasantha
    04-11 10:23 AM
    gc4me,

    June 29th is the receipt date printed on my Receipt Notice. I think they go by that date. So I am pretty sure they will take July 31st as your RD.


    Lasantha, I do congratulate you from the bottom of my heart. It has been a uphill journey for everyone. I am happy that you have completed your journey successfully.

    One last question,

    You mentioned your RD is June 29th. Is it the date from your FEDEX tracking #? Or this date is mentioned on your USCIS 485 receipt? Why am I asking this as because, I sent my application on 30th July, USCIS got it on JULY 31st. I sent it to NSC, USCIS transferred to TSC, TSC issued my EAD, AP and a 485 notice on Sep 22 mentioning that they are transferring my case to NSC. That is why it is very important for me to know if they will consider my JULY 31st date or Sep 22nd?



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  • pmpforgc
    05-11 10:40 AM
    Hi

    I am planing to go for H-1B stampng in Mumbai some time in June/july.

    I am confused about what to write in question-31 of DS 156 form.

    I came here on student visa in Jan 2001 and currently h-1 approved (not stamped) since March 06.

    When I orginally applied for student visa in Oct 2000 I was given probably 221 G. then I reappeared in Dec 2000 and my Student visa were granted.

    So on my DS 156 what should I write in question-31 - which ask " Have you ever been refused US visa ? Yes or No?

    help from experienced members will solve my confusion.

    thanks





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  • naidu2543
    05-15 01:37 PM
    I got an appointment with Mr.Gotcher tomorrow and will keep you posted. Please let me know if you have any specific questions. I will respresent the same with Mr.Gotcher.

    Thanks.

    Let me know if you need any help. I will share the expenses if you incur any for this consultation.





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  • Hassan11
    03-18 12:57 PM
    Link is here: http://immigration-information.com/forums/showthread.php?t=4285&page=26

    Ron Gotcher said on his reply to some readers questions:
    The mystery is solved. I have corresponded with Charlie Oppenheim in the Visa Office. He confirmed that the 27% limit does apply. He explained that during this fiscal year, the CIS consumed an unusually large number of Indian EB2 visas, thus making the category unavailable despite a retrogression in the cuoff date which was intended to hold number use within the limit.

    He said that based on his discussions with the CIS, he was informed that the CIS did not feel that the current amount of pending Indian first preference demand would be insufficient to use all available numbers under the limit. Therefore, he allowed some of those numbers to fall down into Indian second preference.

    So, the Indian second preference numbers used to establish a cutoff date for April are coming from left over Indian first preference, not worldwide numbers.
    __________________





    pappu
    12-13 01:50 PM
    Thanks for taking the interest and lead on this campaign. All pls participate in it so that we are successful soon.





    masterji
    08-02 03:45 PM
    Just opened a SR this morning. Will now go down through my list:
    1. Will file Ombusman
    2. Will contact Congressman
    3. Will go for Infopass



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