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  • sbabunle
    01-02 12:29 AM
    Could you guys please give me the matter to post so that I dont have to type in the whole story again...thanks





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  • optimystic
    03-22 09:51 PM
    Optimystic!

    Did you see any LUDs on your 485 over the past few months?

    Thanks,

    The latest LUDS on our 485s were around Dec 17 2007. That was around the time we got our AP. No other updates after that.





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  • perm2gc
    01-17 01:34 PM
    http://groups.yahoo.com/group/immigrationforum/

    http://groups.yahoo.com/group/immigration-usa/





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  • johnwright03
    07-01 09:38 AM
    06/30/2007: Potential EB Visa Number Exhaution in July and Probable Actions of State Department or USCIS

    * By now, people understand that the sources of potential action by the State Department or USCIS are predicated on the two important facts. One was the information from a government source that there were only about 40,000 numbers left for the entire EB visa numbers for the FY 2007 which ends on September 30, 2007. The second important fact was that reportedly the USCIS alone had far more than 40,000 I-485 applications in the backlog queue that were reportedly ready for approval. Considering the fact that the immigrant visa numbers are consumed by the approval of I-485 applications by the USCIS and the approval of immigant visa applications in the consular processing by visa posts througout the world, 40,000 visa numbers could be fairly quickly exhausted in early July 2007. This prediction was exacerbated by the information that the USCIS was apparently picking up the pace of I-485 adjudications lately.

    * Obviously the State Department has been in communication with the USCIS and was well aware of the situation. Sources reported that the State Department might revise the July Visa Bulletin either Monday or Tuesday to reflect the situation. However, it is unclear at this point whether this will occur on Monday or Tuesday or, for that matter, some time soon, particulary considering the ongoing uproar in the nation. Assuming that the EB immigrant visa number will be exhausted before the end of July, from the government perspectives, they may have two options to handle this matter. One is the State Department revises the Visa Bulletin based on the newly developed facts and predictions. The other option is that the State Department does not take any action of revising the Visa Bulletin but just notify the USCIS when the visa numbers for certain categories are exhausted. The initial sources of rumor was the former possibility. However, as updated by the AILA afterwards, it might or might not happen.

    * Whether the State Department revises the July visa bulletin or not, the fact will remain that 40,000 numbers could indeed be run out in a fairly short period of time in July. It is too obvious that under the statute, when the visa numbers are exhausted, the USCIS will not be able to approve any I-485 applications, and for that reason, the USCIS may wrongly reject the incoming I-485 applications or return I-485 applications which were received after the date when the visa number is exhausted. This happened for the "other worker" category in June when the priority date was current in June for certain other workers. The issue of legality of such action of the USCIS is rooted in the required distinction of the USCIS statutory mandates between its job of adjudication of 485 applications "already in the pipeline" and its job of "accepting new 485 applications." Arguably, when the visa number runs out, there is no question about that the USCIS should not and cannot adjudicate and approve any 485 applications. But there is no legal basis that the USCIS should not and cannot "accept" new 485 applications when the cases fall within the cut-off date of the monthly visa bulletin. If the State Department attempts to revise the July Visa Bulletin, probably they are doing it to overcome the predicament of the USCIS that will face in rejecting the new 485 applications. The problem is the State Department's own legal problem or authority to revise the published Visa Bulletin. Accordingly, either USCIS or State Department will be liable for either abuse of power or arbitrary act depending on who acts. The AILF is planning to sue the USCIS for rejecting "other worker" new 485 applications in June probably on ultra vires or other statutory authority grounds. Should the same thing happen in July, the AILF intends to extend its lawsuit to cover the July 2007 485 applicants, probably in the form of class action. What happens if the State Department revises the Visa Bulletin and the USCIS rejects the new applications based on the new Visa Bulletin? Strictly speaking, there may be no cause of action against the USCIS in that it followed the State Department's Visa Bulletin for the month of July. In this case, probably the lawsuit will have to be directed to the State Department for violation of law in revising the visa bulletin. We will soon find out.

    * Where does this leave to the July 485 applicants? Fact remains that all likelihood, the annual limit may reach fairly early in July and they should file their cases before the visa posts and the USCIS exhaust all the numbers. They have to do this probably for the two reasons. One is that should the government take the second option of rejecting new cases after reaching the limit just as we experienced in the other worker cases, those who filed the I-485 application before that date will not be affected. Those who files the application after the date of exhaution and receive rejection of the 485 applications may be entitled to sue the USCIS either in a class action or individually. Secondly, if the government takes the first option of the State Department revising the July Visa Bulletin, they will have to sue the State Department and for that purpose, they should have filed I-485 applications within July 2007. Otherwise, they may have a standing to sue the State Department.

    * For the foregoing reasons, we urge the July 485 filers to file the applications as soon as possible. At the same time, we urge the State Department and the USCIS not to take any actions to avoid the lawsuits. They should keep accepting I-485 applications even after the enhaution of the FY 2007 numbers, even though they will not be able to adjudicate these applications until the visa numbers become current again. Again, the agencies should distinguish the requirement for adjudication of 485 applications and the requirement for acceptance of new applications. These are two separate things.



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  • nozerd
    01-27 10:31 AM
    Why are the numbers for 2000 so low. Is it because it is pre AC21.

    Also how are we currently accounting for 245I folks in this model. Do we have good numbers on them ?





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  • trueguy
    08-27 12:44 PM
    As per this link and comments by the Director of USCIS-

    http://immigrationvoice.org/forum/showthread.php?t=21175


    Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications.

    I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
    Oct-07 237915 842231 50548 42500 8048
    Nov-07 51773 845691 48313 42500 5813
    Dec-07 35020 833141 47570 42500 5070
    Jan-08 35771 813238 55674 42500 13174
    Feb-08 38210 787516 63932 42500 21432
    Mar-08 43548 762938 68126 42500 25626
    Apr-08 50951 742597 71292 42500 28792
    May-08 45357 739934 48020 42500 5520

    * Data from USCIS months processing report
    ** Oct 07 Receipt number changed from 137915 to 237915 (just looked incorrect)
    ** FB is flat (730k-220k CP / 12 months)

    We have 113475 EB I-485 processed until May 08 (in 8 months), if we take 80% acceptance rate the number of visa used will be 90780 and if we use 90% acceptance rate USCIS may have used 102127 visas.

    June processing numbers are available

    I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
    June-08 46024 740969 44989 42500 2489

    It seems that in FY-2008-Total number of Employment Visas approved were-
    Till April 2008=>8048 (Oct'07) + 5813(Nov'07) + 5070(Dec'07) +13174(Jan'08) + 21432(Feb'08) + 25626(Mar'08) + 28792(Apr'08) + 5520(May'08) + 2489(Jun'08) = 115964 (till Jun'08) out of 162704 for 2008.

    Also, till April 2008, they had used=> 107955 which is 66% of 162,794.

    So, the above comment by the Director of USCIS that till April 08, they had used 65% of the Fiscal 2008 quota is correct.

    My guess in July and August is that they have used around 11000.

    So liberally there are still 35000 unused visas for Sept. 08 and conservatively around 22000 for Sept. 08.


    Do you have this statistics for Jul'2007, Aug'2007,Sep'2007. It will be interesting to know how many I-485 they recieved during Jul'2007 fiasco.



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  • ujjvalkoul
    03-07 03:24 PM
    at the time when the PD becomes current....and u have used AC21 and now work for new employer. how would the USCIS know. Only way for them to know if to ask for a Employment letter(w/Job Duties, salary etc) and if they notice its not the sponsoring empoyer, they will look at it more closely....By the time all this happens you could be into the next month when you PD could have retrogressed back to 1900 again.....so as I see it....unless USCIS approved GC first thing w/o asking for additional info...is the best case scenario....





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  • vaishnavilakshmi
    07-11 02:04 PM
    Request More Eb3 Guys To Participate......

    Please....

    Hi Alex,

    How about ur details?u havenot posted ur details here???

    vaishu



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  • gkrish
    04-27 03:10 PM
    Would like to post my experience at the point of entry recently.
    Just got back from an India vacation trip and entered thru SEA airport. Am still on a H1B(8 years running) and was a bit concerned about the posts saying that H1B are being questioned at the POE. In fact, before leaving I got a chance to speak to someone who runs a small consulting firm and his advice was to cancel my trip and avoid any Interntional travel.

    But I went anyways went ahead since I had the confidence/hope due to working for a huge American organization; a name which will anyone will recognize.
    I have a AP as well and was prepared to use it if faced with issues on re-entering with H1.
    To my pleasant surprise, the immigration process took less than 2 mts, the fastest in my personal experience ever. Just 2 questions were asked by the officer who was very polite and friendly -- where do I work and for how long. Thats it.
    Will conclude that if one if you work for a fairly reputable/well known orgn, then travelling on H1B should not be an issue.

    Cheers





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  • aries22
    07-05 11:14 AM
    I ask the doctor to treat me first but also make sure that my brother gets treatment too.It's just that for the past 15 days not one post reg people stuck in BEC's and one guy who started the thread of unfairness got bashed.Even then no announcement nothing from the core team.That's what bugs me.

    I'm not trying to create a division.In fact I sympathise with everybody effected by VB ,all the money,effort,time that you have put in.I know I'll be next in line waiting to get in the roller coaster.I also know that core team is not answerable to anybody.
    Peace..



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  • ita
    01-30 10:03 PM
    How does one know what is the amount mentioned on H1 LCA? Do we have to ask the employer about it?

    Now how do you show that you were in status since last entry to 485 filing date? Do we have to produce monthly pay stubs or will the W2 be sufficient?

    Will appreciate your response.

    Thank you.




    Example[/U]

    Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).

    Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.

    He entered on USA using AP in Oct 2008. He is using EAD to work.

    Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.

    If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • gimme_GC2006
    04-06 05:53 PM
    right..ok..today at work I heard from my colleague that his friend was sent back from airport

    My colleague's friend's story.
    Went to india for 3 weeks vacation..at POE, officer called his employer and asked "do you need him(a H1B) to work for this position? Cant you find any US Citizen?".

    Apparently, the response from employer ( I think Desi consulting)is, "Yes..we dont need him..can find a USC"..

    The poor guy is sent back.

    Now, I asked my friend to inform his colleague to come forward and post his story at IV..but I doubt if he cares Rat's as** now that he is kicked out.

    hmmm...I have a travel coming up in Nov/Dec...with all adventurous luck going on with me, I have other plans now :confused::confused:



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  • perm2gc
    12-28 05:30 PM
    For Detroit you can use http://miindia.com.
    I have already posted in miindia but we have to post for every 2 hours as their will be lot of activity in the forums and our ad may go back pages.





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  • snathan
    04-06 08:23 PM
    right..ok..today at work I heard from my colleague that his friend was sent back from airport

    My colleague's friend's story.
    Went to india for 3 weeks vacation..at POE, officer called his employer and asked "do you need him(a H1B) to work for this position? Cant you find any US Citizen?".

    Apparently, the response from employer ( I think Desi consulting)is, "Yes..we dont need him..can find a USC"..

    The poor guy is sent back.

    Now, I asked my friend to inform his colleague to come forward and post his story at IV..but I doubt if he cares Rat's as** now that he is kicked out.

    hmmm...I have a travel coming up in Nov/Dec...with all adventurous luck going on with me, I have other plans now :confused::confused:



    hmmm...strange. I heard the same story from my colleague. He said his brother was in airport and one guy who returned from India after vocation asked why he needs the H1B. The IO called his employer/client and asked if he can be replaced by USC/GC holder. The employer responded Yes...So he was sent back...

    Is it just coincident or new kind of rumor...I was thinking it might be possible. Afte reading your post...its confirmed. Its rumor.



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  • h1_b_visa_holder
    05-23 03:41 PM
    What about those who try to speak English but sound like Hinglish (North Indian including Punjabi, Jath et al), or Bonglish (Bengali ) or Inglish (Gujarati -- "In evening I had heavy 'snakes' ).... are all of them (including you) just some "computer operator" ?

    You guys are funny..

    Here are some more I was enlightened in an accent neuteralization class
    SOUTH INDIAN enveee-ron-ment, es (Yes)
    NORTH INDIAN UP/BIHARI ishtylye, ishkool
    PUNJABI (Waalcome (Welcome))

    :D:D:D





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  • grinch
    02-27 07:21 PM
    Ah great!!! thanks bluesun!

    And I have a question, how do I make geometry become a light source in maya?! I know I've seen it before, but I can't find it now...



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  • deepimpact
    09-10 01:53 PM
    If USCIS wants to do another JULY 2007 they never learnt their lession. With the Quarterly/annual quota I dont think USCIS legally can make EB2 current. I hate another JULY 2007 for sure.

    They can make a category current when Demand < Supply. So once all I-485s prior to 2007 are approved the monthly demand data they publish will show demand Prior to CY2011 = 200. So unless they use approved I-140 to determine demand , DOS will make the dates current(even if for 1 month). As long as USCIS uses pending I-485 data to determine demand, the July 2007 fiasco will keep on repeating every 3-4 years. The key here is to have USCIS provide the actual demand (people with approved I-140s). It was mentioned somewhere that the current USCIS database is not capable of sorting the I-140s by country of chargebility and hence the I-140 data can't be used to determine per country demand.





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  • nojoke
    03-01 04:06 AM
    Unfortunately, Obama is not changing much. The mortgage bailout is just a show. Almost irrelevant.

    They are throwing good money into a black hole.:mad:





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  • idlinginc
    04-09 03:40 PM
    Hello Everyone,
    I have created google group for NJ Chapter and there are four members in this group so far. If you can send me your email ID then I will let you join..

    Varsha: I will see if I can change ownership of group to you. It is much easier to communicate through emails then looking at chapter posting..


    Thank you
    ak27

    Dear ak27,

    Could you post the groups URL so that I can join?

    Best Regards.





    gimme_GC2006
    04-06 11:29 PM
    good post ek_bechara!
    ppl, think for yourself. don't believe in the rumor unless it happens to YOU!
    btw, GCs are in separate immigration line at the airport, so I seriously doubt any H1B interview happened "right in front" of a GC holder. That's pure .. well you know what!

    When is your next india trip.?

    in 2006, In JFK, (this is not from friend->friend->friend->friend), Citizens and non-Citizens formed two lines..right next to each other..few officers were dedicated to USC, some of them to others..when there were no USC, they handled H1Bs

    Now how did I notice it all this in 10 mins or so..well..that explains..it has to be a rumour.
    :D





    WeShallOvercome
    08-17 05:47 PM
    I don't get it.
    How can:
    VB-April07 EB3-ROW PD be Aug-02
    VB-MAy07 EB3-ROW PD be Aug-03
    VB-June07 EB3-ROW PD be June-05

    ..and then:

    VB-Sept-07 EB3-ROW PD be Aug-02

    Are you telling me they haven't processed any EB3-ROW 485 during all those months? Why does it go all the way back to Aug-02???

    Sometimes i consider seriously giving up:(
    Need someone to give me the motivation to keep waiting... something logical i can understand.


    Well, First let me tell you that nothing in USCIS makes any sense.

    Cominig to the reasoning behind it, it could be that they did not have enough 'approvable' cases with PDs before Aug'02 to exhaust the annual quota(stuck in name check FP check etc), so they moved the dates forward. They approved some cases that felll within the new dates.

    Now after approving some newly current cases, only a few visas are left with them. Also, by this time, some of the older cases, which were stuck earlier got out of whatever check they were stuck in...

    As a result, now they don't have enough visas available to approve any cases after the PD of Aug'02.

    Anything is possible here dear !



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