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  • dontcareanymore
    08-25 03:13 PM
    It is really SAD to see you go through all that. One can only imagine the elation one gets when she was ready to stamp and the depression when she can't get a visa number.

    Looks like the numbers for EB2 I have dried up.

    I guess My interview didn't go as expected.

    1) I reached the office an hour early.
    2) After waiting,they did security check and let us in
    3) Then the lady who was assigned my case, came and took us into her room
    4) Oath, etc
    5) She then started asking for Birth cert, Marriage Cert, kids birth certi, 140 approval copy.
    6) Then she pulled a file (which was labelled DOS Visa bulletins) and spent around 15 mins on Oct 2007 bulletin.
    7) Then asked us who filed your 485..you did your self or your employer did..we said employer.
    8) Then she said, something is not right..per Oct 2007 bulleting Visa's are unavailable so yours was not filed properly.
    9) Then I said, ours was filed in Aug 8th 2007. She insisted the receipt date is oct 2007..then we showed her our 485 reciept.
    10) Then she thanked us and started looking at Aug 2007 visa bulletin. and said, even then in Aug 2007 EB2 was U, so yours was not properly filed.
    11) I told her, There was an interim Memo released by USCIS that they will accept application until Aug-17 2007 based on July 2007 visa bulletin
    12) She said she will look at DOS bulletins
    13) After 10 mins she said, she cant find any such memo..and said, since there is no evidence with her, she has to deny our case based on "Improper filing when PD was not current"
    14) Then I said, if PD was not current, wouldn't TSC return the application denying on the spot? Why would they accept the application?
    15) She said, you would think so..but they accept many times..so we are told to verify all the time
    16) THen said, she believes us but for process, she needs evidence and said she will look into further and then make a judgment.

    17) We had no choice and we were over the interview. we were little disappointed though

    18) After coming home, I realized she took all I-94s and we got panicked..because if 485 is getting denied and I-94s are gone, how do we prove our legal status, so we thought of going back..then I thought, if have to go anyway, then I should take a print out of Interim Memo

    19) I went back an hour later with the print out
    20) I told security that, we had finished our interview and officer forgot to return our I-94..they insisted that we shud take infopass and they wont allow anyone to go back..I had to really argue with them (I decided I have nothing to loose..anyway 485 is screwed and so stood there asking them to let me in)

    21) After consistent nagging, the security guy took our passports, interview response letter(After interview if your app doesn't get appproved they willgive a kind of reciept saying u attended the interview..blahblah) and went in

    22) Came back and told me to go in since the officer wants more details from you (I thought this was a miracle)

    23) I went inside, and after a while officer came back. We apologized and told her that we came back for I-94s..she said they will retain and wont return..We told her that we are not using EAD and we are still on H1B..she said she will give back..
    then she asked, I am sure you didnt come back for I-94 alone, did you get any document?

    24) We showed her the memo.

    25) She read that and said I am glad you came back..this clears everything out..I will run this by my supervisor and will see if we can adjust status today

    26) We waited for 2 hrs and then she took us inside.
    27) Asked our passports (to stamp...really)

    28) Then she looked into the computer to get the visa #.
    29) The we noticed a changed in her face and then she quickly turned into a folder of current VISA bulletin..we said..oh..no..not again.
    30) The officer said, per visa bulletin u r current and ur PD is dec 2005..there is no reason for system not to allocated a visa #..
    31)She tried for 10-15 mins and finally gave up..said she cant stamp in the passport without allotting the visa number..said sorry..I cant do anything..I will follow up with DOS ppl and will let you know in a week or so.

    32) The reason she gave is, when she tried to allot the visa, she got a message, "cut off date not established". I have no idea what this means.

    hmmm....still keeping fingers crossed..this is nothing short of a car race.


    :confused:





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  • eb3_nepa
    08-14 01:39 PM
    NOT TURE MY LUD IS NOT UPDATED. Rcvd receipts yesterday see below.....

    ote: Checks got cashed after 2 days of Receipts.

    I-140 Approved (NSC) 11/2006
    485 -- July 2nd 11:30a.m
    Receipt rcvd -- Aug 10th (Rcvd copy of receipts Aug 13th).
    LUD Not updated.

    I have seen some one else like me had the same process. Checks got cashed after 2 days of receipts.

    Thanks

    Your I-140 was approved in NSC and NOT in TSC. My observation is STRICLTY for people whose I-140s have been approved in TSC but have applied their I-485 in NSC.





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  • gc28262
    04-13 11:59 PM
    Well, There are many people still waiting for GC with original labor and not substitute labor with PD 2003 or prior to that. I'm not saying Sub Labor is the only reason, but it is one of the reason. Even though they are few...the impact is big... With 7% per country limit and visa numbers looks like would not spill over to EB3 due to demand in EB2 and other categories, even very few (say 3000 - 6000 labor sub applications) could consume a year or 2 years worth of visa numbers for this category for retro countries.... Even each family member (dependent) would consume a visa... with atleat 2 visa per applicant, 3000 - 5000 total EB3 labor sub could easily consume 2 years quote... if you count all.. then the "U" in VB might make sense... For EB3 ROW, there are lotz of people from Canada, S. Korea, Thailand, Australia, UK etc, and it went 'U' from 2003... The dates could move well for ROW... but for retrogressed country, I do not see the bright side yet.... Also the 485 PD was current for all categories almost all of 2003 & 2004 till Dec 31 2004, It retrogressed starting from Jan 2005 and later.... Also, the total 140,000 is for all EB categories. The 3000 - 5000 is just a conservative realistic guess.. not based on any data. Do the Math !!! You might agree !!!

    Even if you assume there are 3000-5000 labor subs that chocks up the queue, it might have benefited the ones with a 2003 PD like yourself. But for others (beyond 2003) , it is not much of a help. A visa recapture would benefit the community at large.

    Even if you consider 3000-5000 labor subs, not many of those are "sold" labors, many of them are legal ones. labor subs were all legal until some companies started selling those.





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  • thunderbolt
    11-11 11:14 AM
    Hello guys,
    Sorry for this non-immigration related post. We have this sudden, tragic situation that I wanted all of your advice on. Thank you for your time in reading this long post.

    We had hired an Indian nanny in NJ who, we learnt after hiring her, is here on a tourist visa. We were paying her $350 per week cash, which is the standard rate around here for nannies (incl. citizens and people on GC). We had liked her when we met her in response to an ad on Sulekha, and we thought an Indian nanny would be good for our first child. She has been with us for about 3 months, and we were intermittently not getting a good feeling with her for some reason. We finally bought a small security camera and installed it yesterday. On the very first day with the camera, we came home and saw the recorded video to find that she is violently hitting the baby on two separate occasions. Needless to say, it has shocked, angered and extremely saddened us. I showed the video to a couple of friends and even they say it is unbearable to watch. This was just the first day of recording and it pains us tremendously to think what all may have happened previously.
    She is of course not going to stay with the baby alone anymore, but I want to know what legal options I have to penalize her to the fullest extent, so that she does not do this to anybody else�s small babies. She it seems had come here last year and taken care of someone else�s baby in Hoboken, and I can imagine that their baby also went through this. (This woman and her husband are a ~ 35 year old couple, who have a multiple entry ten year tourist visa; both come here for 6 months every year and work odd jobs like this. They apparently got a (unsponsored) tourist visa after showing a lot of landed property in India).
    I specifically want to know if I will have potential problems if I go to law enforcement about this- regarding have employed her (both of us are on H1B visas). I know we have made mistakes and should have done better due diligence in this, and there cannot be any more punishment for us than seeing our 8 month old � who cannot tell us about it when we come home- being beaten on the tapes. We saw this yesterday and have not told her yet. We want to weigh all options before we proceed, but from today onwards one of us is home all the time till Friday. Any advice or opinion is sincerely appreciated. Thanks for reading this long post. And, to all who are thinking of nannies or have one, please learn from our mistakes and closely monitor your child�s safety every day.



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  • gsc999
    09-08 12:23 AM
    Guys & Gals,

    Let no one take you for granted. Stand up now for what is important to you.
    It is time to debunk all the negative myths about the high skilled legal immigrants.

    Be part of this historical event which will go down as a memorable story in the
    legal immigrant community. Be part of this amazing experience.

    Yes, you could always watch the rally on TV but its time to book the air ticket,
    take the bus or just take your car out for a long drive. Bring along your family,
    spouse and friends.

    Yes, together we can do this. See you in DC.





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  • ragz4u
    04-12 02:04 PM
    That really helps. But we need more stories from IV members. It need not be earth shattering like being a researcher in some cutting edge lab or an exec in a top 50 firm. We all have our own stories

    If you read the first post, the senator (I think it was Kennedy) made a big deal about some immigrant he knew who had a very 'ordinary' life. All of us in IV are atleast one step ahead in the sense that we all are 'highly skilled'.

    It could be about a Software Engineer who cannot get a promotion and has to reject more lucrative/satisfying offers from other firms to a person who is qualified as a High School teacher who cannot teach because she does not have an H1 visa

    It could be about someone getting frustrated and applying to Canada as a backup otion or someone. Someone else might have a spouse who has been on H4 for 6 years and now cannot work inspite of avaiability of sponsor because one may use only 6 years of H visa.

    Guys, unless we all chip in, lets forget about getting any resolution to this issue. IV is doing all it can and has been getting some success in getting amendments introduced. But unless we all step up to the plate, we can assure you it will be very difficult for us to protect these amendments in the senate. House conference will just chew us until we make some noise.

    There are 3000 members on this forum, can't we even get a 100 decent stories to pass on to the media? Its difficult to convice media to write about us with only 5 people's stories......please chip in....as promised, no personal info about you will be revealed, unless you explicity mention that to us....



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  • johnwright03
    08-12 10:30 AM
    I strongly agree with you and forgive stupid MAsters guys for his stupid comments.....this is the way he is showing support for everyone

    Relax guys...that was just pun intended..!!! Don't take it hard...everyone is worried about EB3 folks...!!!





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  • thesaint
    04-17 10:36 PM
    I applied on April 2nd under advanced degree with premium processing and have not yet got a receipt. Anyone else in the same situation?



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  • deecha
    08-10 09:57 AM
    I applied for my 2nd visa extension (1-year extension) after completion of 6 years in the middle of March 2007 (before I-94 expiry). My I-94 expired in the middle of March. I didn't hear from USCIS until the middle of July when they sent a huge list of request for evidence regarding my case (although I've been working on the same company's H1s for last many years now).
    Meanwhile, I applied for adjustment of status on July 2nd as a beneficiary on my wife's application. If my H-1B gets rejected after sending the request for evidence for some reason now will I be out of status? Since my 180 days from my last valid I-94 will expire in the middle of September, is it a good idea to go on H4 before the middle of September and reenter the country?
    In worst case, what will be my status if USCIS gets back to me, say in October, and says my H-1B extension application has been rejected?
    Any input from UN or other gurus is appreciated.

    Since you're a beneficiary of you're wife's AOS, you're in "pending status of authorized stay". Therefore you *are* authorized to stay here as of that day until a decision on the 485 is made (the unlawful stay clock stops ticking). If you get rejected on your H1 extension, you can still stay in the country and possibly work on the EAD (a derivative benefit of the 485). If you think your wife's 485 is airtight, and there's a problem later you can use the 245(k) provision since you were in unlawful stay for less than 180 days.





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  • rongch60
    05-11 03:44 AM
    As gc_check explained, all EB2 with PD<2007/7 will get the green card 2 years earlier if this can be fixed. I do not understand why IV can not discuss it with USCIS.



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  • alien4ever
    07-04 02:30 AM
    FNL1782679

    From FTD.COM

    Order # FNL1783668 from ftd.com





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  • hopefulgc
    11-11 04:37 PM
    Did anybody stop to think that maybe Mr. thunderbolt is just pulling a fast one on all of us.

    I mean .. it hard to believe that a parent would think twice before reporting a matter like this.





    Tell me. Why should someone hire a illegal nanny in the first place? Knowing the consequences, why should they come on this forum and ask for support?

    I strongly recommend thunderbolt to post the video on youtube and share it with all of us. He can share the link on sulekha also.

    Well - it is his choice if he wants to complain to the police.

    I am sure mr thunderbolt will never go to the cops because of his immigration status



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  • pappu
    08-13 02:05 PM
    Dear friends and fellow members at ImmigrationVoice,

    Finally got the email today, Aug 13, 2009, from USCIS indicating that the card production has been ordered for me. No word yet about my wife's GC. Case still pending.

    Relevant data for me:

    India, EB2 - Priority date April 14, 2004
    Texas Service Center.

    Short of divulging my social security number, I will be happy to answer any and all questions about my journey so far.

    Good luck to all of you.


    Best Regards
    Fred

    NB to admins! If this is NOT the appropriate thread for this info, please let me know. I will remove this post. Right now this thread seems to have a lot of traffic and that's why I posted about my card process email here.


    Congrats.

    Could you please update your profile with your dates to help others in the IV tracker.





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  • gjoe
    09-15 10:19 AM
    In my humble opinion, we should quit paying money to lobbyist or using them. We can represent out case to the powers or authorities concerned much better than what the lobbyists are doing.

    I think while most of america ( people and politicians) doesn't want lobbyists we still hiring lobbyist and paying them money is not right.



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  • test101
    07-08 12:15 PM
    I have a list of over 600 media email address ... let me know if you want me to email it to you so you can send them notice about the peacful flower campaingn.




    Working on it... we will have the "draft" version by the end of the day. In the meanwhile I would appreciate it if anyone can find out fax numbers where we can fax the press release to.

    Email addresses are fine but we need fax numbers too. People take them more seriously.





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  • reedandbamboo
    09-11 08:07 AM
    reedandbamboo, sweetjungle, bawa,
    Please refrain from using the terms "Indian legal immigrant community" in your communication with OMB. IV represents the skilled legal immigrant community in general and not immigrants from only one country. Doing this defeats our own cause and divides us. As a matter of fact I know several people who belong to EB2 ROW whose PDs are 2005-2006 and they are still waiting.
    IV was established to represent legal immigrants from all over the world. Please do not indulge in such divisive campaigns. You have been warned.

    pmb76, no need to get dramatic ("You have been warned") .. thats why I posted the message here first .. for your feedback which has been duly noted. I was not aware that ROW applicants were also affected.

    Thanks!



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  • chanduv23
    08-22 11:13 AM
    I would not believe on hearsy and rumors. It can only be verified after talking to USCIS top officials.

    I totally agree. This might be true, but cableching MUST update his profile with a valid information and be verifiable and then be contacted if we want to believe what he says.





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  • das0
    04-05 05:36 PM
    04/05/2007: USCIS Cap Files Tally as of 04/04/2007

    USCIS has just released their tally of cap filings as of 04/04/2007, Wednesday. In two days (04/02 and 04/03), they received 133,000 unique pieces of mail containing H-1B petitions, which turned out to be lower than 150,000 which they had initially reported. They reached the updated number following a physical count of the mail. Each piece of mail may contain more than one H-1B petition and it will take USCIS a substantial amount of time to open and sort through that volume of mail. It is a good news in a way that at the end, the total may turn out to be less than guestimate in the community and the rate of odds for winning in the lottery may be much more promising than the one initially anticipated in the rumors.
    As of Wednesday, total they sorted out and each type of cases identified were as follows:
    Total Sorted Out: 32,755
    General cap cases: 28,052
    U.S. Master or higher degree cases: 4,703
    The USCIS promises to update report from time time as they continue to sort out the remaining packages.
    It is surprising that the U.S. Master or higher degree cases are more or less higher than expected.


    HUM - Even if i do a liner extrapolation, there will be 19,097 US-MS in the 130,000 packets which transates that those who applied on Apri l 2 and 3 will get into the 20K US-MS quota!

    This assumes a linear sampling of US-MS petitions in the above reported USCIS sample (4703 US_MS petitions in 32775)





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  • Harivinder
    07-06 04:48 PM
    I am in for the flowers thing. However I have a suggestion, sending flowers just to Director U.S. Citizenship and Immigration Services will not help much, we need to draw the attention on congress on this to increase the green card quota and get rid of country quota. Any suggestion how we can draw attention of congress by sending flowers on JULY 10th?





    alisa
    02-04 01:44 PM
    I totally agree with you my friend.

    I came across this website last year in November. I got active in December, and contributed, and tried to get active in my state chapter.

    When I come across posts that want to remove country caps, or some other measure that is going to be harmful to me, I have to stop and ask myself if I am shooting myself in the foot by supporting IV.

    Its not about whats fair. Nor about what common sense is. Its about self-interest.

    If we are increasing the size of the pie, then it benefits me (ROW) to be here. If we are to fight each other over crumbs, then it doesn't.



    Alisa,

    what should prevail is a matter of perspective. If you are an Indian then skill should prevail, if you are not, then of course it is the other way around





    bsbawa10
    09-11 08:32 PM
    I was just thinking and then this came up on me . How about sending a poster along with the letter campaign. I can contribute atleast three posters. They do not have to be full size posters ..can be just A4 size pamphlets kinds. We can just print them in color printer and send them along with the letters. These posters may make it to the press also as they will be funny and spicy for news. Actually, we can send copy of our letters to press as well along with our posters. If we make about 10 such posters, we can send one random poster along with the letter.
    Something like :
    http://docs.google.com/Doc?id=dd4vkcmm_124c6jh9dg6&invite=mqk525
    http://docs.google.com/Doc?id=dd4vkcmm_127xvp53jdx&invite=cn4gjw5
    http://docs.google.com/Doc?id=dd4vkcmm_12895rfwtcw&invite=g7kcrzz
    http://docs.google.com/Doc?id=dd4vkcmm_130cvdpx4cg&invite=7bb9vs
    http://docs.google.com/Doc?id=dd4vkcmm_132g6jcsffz&invite=hczhh8x
    feel free to edit and make better.

    Anybody please comment. I have done some hard work here. Do you like the idea ? should we go for it ?



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