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  • illusions
    03-18 10:32 AM
    Ron Gotcher - "I can't take credit for passing along what I heard. I do believe, however, that an analysis of the data strongly supports the conclusion that substantial additional forward movement in cutoff dates is likely between now and July.", he also goes to say that EB3 ROW will be current, by July, lets hope there is some significant movement.





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  • piyu7444
    01-30 04:15 PM
    Good. That means you were in-status at the I-485 filing. Submit documents mentioned in RFE and you should be good.



    >> My question is - Is the time I haven't been working considered as Out of Status?
    No you are not. Like I said out of status UNTIL date of I-485 application is most important.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin

    I read the thread and have a question for Desi3933 as he seems to have knowledge about how this works..........

    I am on h1b with employer B.

    Employer A had my h1b and had processed my GC. I applied for 485 in Jul 07 and then in Jun 08 I transfered my h1b to Employer B. I did not notify USCIS about this job change so I did not invoke AC21. (Lawyer suggested to leave it in case we get a RFE)

    Now my wife's 485 application is tied with mine. She is on h1b with employer C. Employer C is a consulting agency and her contract will end today Jan 30 2009. Also we are expecting hence she will take a 3 month time off / vacation for the baby (permissible under law) starting End of April 2009. Further she will travel to India on Aug 1 2009 and will return around Nov 15 09.

    She has worked only 1 month in 2009 this will be reflected on 2009 w-2. I have couple of questions:

    Will she be considered as "out of status" from Feb 1 to April end?

    She has h1b valid till 2010 so when she returns back to US in Nov 09 shall she use h1b or enter US on AP given the fact that 485 is pending?

    Will you recommend getting paid from Feb thru May to cover the gap? (this could be done with as the employer is willing to help)

    Thanks





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  • willwin
    03-19 01:36 PM
    Question on AOS processing based on PD/RD - Currently, EB2 INDIA is Dec 03. Assuming May 08 VB goes to Jan 03 (EB2 INDIA) , will the EB2 INDIA AOS applications with Feb - Dec 03 PDs still get processed??

    Any chance of EB2 India moving forward to April 05 by October 2008??

    Not only EB2, EB3 India also will move to April 2005, atleast for couple of months before this FY ends, to use the 140K numbers.





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  • pappu
    07-01 10:23 PM
    QUESTIONNAIRE FOR POTENTIAL PLAINTIFFS
    USCIS VISA BULLETIN/VISA AVAILABILITY LITIGATION
    This document is a form, which means that you can only type in the areas within each box. Click in the boxes and start typing. If your answers are longer than the box provided, please use a separate sheet of paper. For the check boxes, click in the correct box to mark it. Thank you!
    Please be sure to include a copy of the following with this questionnaire:
    • Completed I-485 as submitted to USCIS, and any cover letter sent with it;
    • Evidence of method and date of mailing (USPS, Fed Ex, etc)
    • A list or index of attachments sent with the I-485 (if the cover letter provides the list or index, no need to send us a separate one)
    • USCIS letter rejecting the adjustment application and / or any related correspondence, if received.
    Date questionnaire is completed:
    Completed by:
    Attorney Contact Information:
    Name
    Email
    Firm
    Address
    Telephone
    Fax
    Adjustment Applicant Information:
    Name
    Address
    Phone
    Email
    Nationality or citizenship
    Adjustment Application Filing Information:
    Date adjustment application was submitted to USCIS and method of submission:
    Where was the adjustment sent? (Please note the specific DHS(USCIS) office)
    What was the employment-based immigrant category under which the adjustment application applied?
    USCIS rejection of the adjustment application:
    Did DHS (USCIS) expressly inform the applicant or attorney, orally or in writing, why it was rejecting or returning the adjustment application?
    If yes, please explain in detail:
    Please send us a copy of any written notice or other correspondence from USCIS rejecting or returning the adjustment application.
    2
    Harm to adjustment applicant:
    Please describe any harm that the adjustment applicant has suffered or is continuing to suffer due to the rejection of the adjustment application.
    Please return this form and documents by email or fax to:
    visabulletin@ailf.org
    or fax (202) 742-5619 attn. AILF LAC



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  • Jaime
    09-10 01:36 PM
    Your spouse gets an H1-B him/herself for a higher-paying job than yours, but the job is in another city - Your spouse cannot get the job, because you are not allowed to move. The only option is to split the family up or reject the job offer and supplemental income.





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  • rbms
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  • Winner
    06-11 08:02 AM
    PLEASE PLEASE PLEASE SEND THE MESSAGE. WE WILL ALSO START WITH THE PHONE CAMPAIGN IN THE MORNING.

    Reason being, the other side is writing letters to other Senators to seek their support. They want to see this amendment pass. Here is the letter.

    ************************************************** ***************

    COMPANIES LAYING-OFF THOUSANDS OF AMERICAN WORKERS DON�T NEED GUEST WORKERS

    Please Support the Sanders-Grassley Employ America Amendment to the Tax Extenders bill


    Dear Colleague:

    Since the recession started in December of 2007, nearly 8 million Americans have lost their jobs and the unemployment rate has nearly doubled. In total, 15 million Americans are officially unemployed, another 8.8 million Americans are working part-time only because they cannot find a full-time job, and more than one million workers have given up looking for work altogether.

    With the unemployment rate still unacceptably high and millions of people looking for a job, we have a responsibility to ensure that companies do not use temporary visa programs to replace American workers with cheaper labor from overseas.

    Therefore, during the consideration of the American Jobs and Closing Tax Loopholes Act, we will be offering an amendment that would prohibit companies which have announced mass lay-offs over the past year from hiring guest workers, unless they can prove that their overall employment will not be reduced as a result of these lay-offs.

    At a time when millions of Americans are out of work, the notion that we need to import labor from abroad because there are not enough qualified, willing or able American workers in this country rings hollow.

    Recently, some of the very companies that have hired tens of thousands of guest-workers from overseas have announced large scale lay-offs of American workers. The high-tech industry, a major employer of H-1B guest workers, has announced over 330,000 job cuts since 2008. The construction industry, a major employer of H-2B guest-workers, has laid-off 1.9 million workers since December of 2007.

    The American Recovery and Reinvestment Plan, signed into law last February, included a provision to prevent companies receiving assistance through the Troubled Asset Relief Program from replacing laid-off American workers with guest-workers from overseas.

    The Employ America Act expands upon this provision to prevent any company engaged in a mass lay-off of American workers from importing cheaper labor from abroad through temporary guest-worker programs. Those companies that are truly facing labor shortages would not be impacted by this legislation and could continue to obtain employer-sponsored visas. Only companies that are laying-off a large number of Americans would be barred from importing foreign workers through guest worker programs.

    If you would like to co-sponsor this amendment, please have your staff contact Warren Gunnels in Sen. Sanders� office at 8-6358 or Kathy Nuebel Kovarik in Sen. Grassley's office at 4-3744.

    Sincerely,


    ____________________ ____________________

    BERNARD SANDERS CHARLES E. GRASSLEY

    UNITED STATES SENATOR UNITED STATES SENATOR

    ************************************************** ***************

    This underscores the urgency. Please act on the action item NOW.





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  • sc3
    10-16 01:49 PM
    yesterday some one left a red saying "go and sleep in your bedroom or something like that" :D,
    (which I find hilarious..because I don't exactly sleep on my couch :D:D)
    then some left a green saying "nullifying red".

    folks, I didn't leave a red for anyone (who cares abt them anyways)...don't assume immediately that I reacted.
    giving either reds or greens will not impact anyone's gc process..or change their PDs!
    Like itsnotfunny says, if you agree/disagree say it so. gave itsnotfunny a green to nullify the red.

    let me reiterate though, that I am completely opposed to flower campaign because once bitten, twice shy.
    USCIS has lot of autonomy and there is every likely of a repeat i.e july 07 part 2 as a reaction to gandhigiri part 2
    instead focus on other avenues, there is an excellent thread on FOIA in addition to the other avenues

    First: Disabuse yourself of the notion that Gandhigiri had anything to do with the backtrack of the July 07 fiasco. There were other more pressing (and effective) organizations that helped reverse the situation.

    Second: What happened (the flood of applications) were definitely caused by an ill thought Visa bulletin, but USCIS had no control over the massive amount of applications that they had to deal with. Even commercial operations (amazon etc) break down when overloaded. So to put extensive blame on USCIS for the "reaction" (I assume you are talking about the backlogs) is not right.



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  • uma001
    07-29 12:42 PM
    When they cannot do it, why promise?. Complete the pre-PERM process in 3-6 months and come to decision immediately.Dont drag it for 3-4 years and say 'oh, no we cant file green cards, we found candidates and they will hire H1s again, not american citizens. And they repeat the whole process again.Wasting 3-4 years on GC process is not a small thing. You need to start from scratch again.

    If big companies do not have any intention of doing green cards then say it before hiring.





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  • gckabayega
    03-17 01:07 PM
    Thanks


    Porting from Eb3 to Eb2, at first glance looks like advantageous to remained lot of EB3 as it seems to be shortened the queue but one factor spilling over from ROW to EB2 first w.r.t EB3 kills that "virtual" advantage proprtionately (if not 100%).



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  • msgrewal81
    02-19 08:17 AM
    What do you wish? You need gc the moment you enter the country? If anyone who stays 5 years get green card.That is excellent if legal or illegal immigrant. This is apart from 140K regular quota. This will reduce backlog substantially.

    Dude I think you are happy because you are above 5 years here and I feel good for you. For myself, I donot want green card after landing on airport, I just want GC process to be improved for people <5 years. This bill will be just a onetime measure i.e. whoever has 5 years on the day it was enacted gets GC, it is not like if I am here for 5 years even after 2 months of passing the bill i will get GC. So, in all, fight for EB GC goes on and it has to be made easier than what has been done for illegal immigrants with >5year rule. People will <5years should not have to go thru same grind. This bill directly does nothing for EB apart from 'temporarily' taking out people with >5years to decrease backlog. That will be temporary. In fact, in long term, it makes EB difficult.

    Again, people with >5years should be happy but not tell people with <5years what to do. We definately need to contact congress and Pres office to improve this bill to make it fair for legal immigrants too.





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  • Jaime
    09-10 12:19 PM
    You are long overdue for a salary raise - But you can't get more money due to current visa rules, even though you are doing work that has long-deserved a raise. Your net worth is being eroded.



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  • pcs
    04-21 08:10 AM
    Keep calling people to get active & contribute





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  • apb
    07-19 08:03 PM
    USCIS also checks whether you have been paying taxes. W2 alone does not help.

    I meant paying = filing taxes



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  • eb3_nepa
    07-28 05:22 PM
    My Friends.

    Please stop this discussion. Not only are we digressing from one pointless topic to another, but now we are also making these discussions VERY VERY INDIA specific.

    IV is an organization for members from ALL countries. Things like the Nuclear deal and the beer bottles are NOT going to help anyone get their green cards quicker. If you want to discuss these issues, please use websites like Rediff or Times Of India or Mid-Day to post items on there.

    Please show some restraint while starting new threads, especially when TIME AND AGAIN the IV core/moderators/admins have reminded us that:

    1) This is a forum for discussing Employment based LEGAL Immigration issues ONLY and
    2) This is a MULTI-COUNTRY MULTI-CULTURAL forum with people of all cultures/races and religions.

    (FYI: I am an Indian and a proud to be one btw.)





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  • immi_enthu
    08-15 04:35 PM
    yes but they will start processing the applications based on the receipt dates. so if a guy applied last year, he gets priority over last month's people. (that is assuming that his priority dates were current last year from him to apply!)

    also they will need to do fingerprinting etc. and shall pass the FBI check before they get to final stage of adjudication. that would take 6 more months. so they should look at the bulletin at that time to see if they are eligible. dont get excited about these dates - they are not that helpful for the last month filers.

    some people who applied in June may get approved if their PDs are current. July/ Aug filers unlikely



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  • kaisersose
    02-20 05:31 PM
    I had done some calculations long ago, it guestimated that 5~6% of people are registered with traciitt.

    One guy recently posted on that out of 30 AOS applicants in his company only 2 had entered their info on .

    That would be 6.67% Which is close to the results of your calculations.





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  • Lucky7
    12-13 05:59 AM
    I sent a letter earlier this year to one of my Senators here in CA regarding my 2001 LC and the result i got was that the senators secretary checked my case with USICS and sent a letter stating that my green card was approved 2003.
    For somebody who is still waiting for LC recruitment instructions this was a total waste of time and money ( donated $5000. to Senator).
    Next week my attorney and i and his other LC DBEC clients are going to try and make an appointment with DOL and see if they will comply.
    Number 1 point we shall pursue is to make a $5000.00 premium processing for all DBEC pending LC and have guranteed adjudication in 120 days for all LC with current PD.
    This way all clients with current PD will obvouisly pay $5000.00 and DBEC can use the extra funds for remaining cases.





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  • bostonqa
    04-24 01:33 PM
    I also got my "Card production ordered" status few days back.

    however I also received a mail for biometrics appointment of 05/02?

    the biometrics letter date is 4/14 and my "Card production" status change was on 04/21.

    why would they send me a biometrics appointment and then approve my 485 and issue me a GC? is this common?

    should I still go for the biometrics appointment or just ignore it, I'm assuming that i'd have my physical GC in had before 05/02

    ---------------------------------------------
    PD - JULY 2003 EB2 RIR
    Concurrent I-140/I-485: No (I-140 Approved Earlier)
    Mailed From State: MA
    Mailed to (state NSC/TSC): NSC
    Received at (state NSC/TSC): NSC
    Transferred to TSC (state Yes/No): Yes
    485 Receipt Date : June 14th 2007
    485 Notice Date : July 2nd 2007
    MY FP Completed : 08/02
    485 LUD - 08/02, 08/02





    mariner5555
    03-04 05:27 AM
    Instead of criticizing the idea, please submit your votes!
    Only 300 odd people sent flowers to the USCIS and we know it worked. This site has a lot of one time visitors so don't expect 25000 votes, but it does not mean this idea is crappy. Heck, I want to buy a house myself, but I cannot even think about borrowing 300k+ when I may be asked to leave the country on a day's notice (remember no time between jobs when you are on H1B).
    I agree with the above !! an idea is like a spark ..once one media picks this up others will follow and you never know what it leads to. opposing an idea is Worse than doing nothing. BTW the way things are going ...GC may soon lose its grand appeal (it will still be in huge demand though ). the following article is a must read - if you have few minutes to spare --written by prominent economist. maybe a worst case scenario --but as scary as a horror movie
    http://www.marketwatch.com/news/story/tragedy-recession-its-bad-ending/story.aspx?guid=%7B5D72D7E3%2D76BB%2D4CAB%2DB4D0%2 D60F87DA734B7%7D&dist=MostReadHome





    kicca
    08-29 02:09 PM
    found this old (aug 2002) but still interesting pdf that may help if nothing else to clarify some of the acronyms used in the I485 process:

    www.ilw.com/seminars/august2002_citation2b.pdf



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