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Saturday, June 25, 2011

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  • jasguild
    07-17 12:11 PM
    If USCIS wastes about 10K-20K visa numbers every year, then they are wasting about 10% every year. This 10% is consistent with the amount FBI name-check backlogs.

    I am not sure either way but one thing to keep in mind. The FBI estimate is based on 10% of ALL petitions including family petitions. If you would isolate just the EB petitions, the percentage that the FBI flags is much less than 10%

    But again I am just repeating what I read. So you could be right.


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  • psaxena
    05-20 05:37 PM
    There should a seperate quota for immigrants from Jhumri Talliya

    In the same lines as H1B, could we look into if its possible to add a quota for US Masters degree holders irrespective of country of birth for green Card also. This would be in addition to the existing Employment based quotas.
    Does anyone know how they added 20k H1B quota for Masters degree holders? Who sponsored that bill? May be we should talk to the same people.

    I would think there would be a little less resistance for this? This would ease the pressure on both EB2 and EB3.

    I dont know if this has been previously looked at. I know there were talks of excluding these people from quota all together.

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  • katewill
    01-31 10:46 AM
    Where is this from? $905 for I-485?

    Form No. Current Fee Proposed Fee Difference
    I-129 $190 $320 $130
    I-131 $170 $305 $135
    I-140 $195 $475 $280
    I-485 $325 $905 $580
    I-765 $180 $340 $160

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  • GIC
    11-09 12:31 PM
    TSC, RD 7/2 , ND 9/7, LUD 9/10, no SR.


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  • komaragiri
    08-22 01:50 PM
    I might be wrong, but I think the way it works is by supply and demand. If the supply of new visa numbers is much less than the demand, the dates might go back.

    They worked enough for this year and they have lot to do. According to my guess they have the following pending work.

    1. Issue Receipts (Sep/October)
    2. Issue EAD cards for approx 300,000 applicants? (October/November/December)
    3. Issues AP for 300,000 (October/November/December)

    On top of this they need to celebrate thanksgiving and christmas like every citizen. So don't expect too much from them for this year.

    If at all there is some momement in EB numbers, that will happen only between Jan-March(before H1-B madness starts).

    Good luck !

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  • JazzByTheBay
    09-04 08:24 PM
    - best place to stay, hopefully in proximity to the rally start point
    - best return flight time to get back
    - do I need to rent a car?

    Guys what airline could one fly from San Jose? Which one have best connecting times so one can reach and leave at decent time? which airport is close?

    Is there a Motel nearby at the relly start point, what time does the rally end, and what flight have people from CA booked for getting back?



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  • obviously
    07-10 11:29 AM
    Folks, I have in the past written to Lou Dobbs directly expressing concerns with his vitriolic outbursts against Indians. He responded at length claiming the he has no disrespect or disregard for India, just that he cares about his country so much that relatively it might make the other country look worse off!

    Here is what I would suggest: write to Lou and CNN producers exposing
    how Lou's views:
    - Are racially insensitive, slanderous to an entire community; with the risk of flaming hate crime (which is criminal offence)
    - How they ignore the basic economic reality of high skilled labor's contribution and competitive advantage to the US economy and corporations
    - How they ignore the basic legal reality that high skilled labor on H1B visas pay taxes, social security and medicare that goes back to the US economy
    - How they tarnish the reputation of hardworking ambituous workers that are truly the only remaining link to the USA's hoary tradition of sweat equity with the hope of achieving the Great American Dream.

    Basically, we need to point out that he is insulting his own country's grand traditions of democratic, legal and meritrocratic traditions by taking potshots at a defenseless community of white collar workers that are strengthening the social, economic and cultural fabric of this nation.

    Of factual inaccuracy is his hallmark and his tradition. Let us counter that by reframing the context of the overall dialog so that the world see how shallow Lou Dobbs really is.

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  • keshtwo
    08-09 08:21 PM
    Yeah! DOL & USCIS tightening screws everywhere..


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  • JunRN
    08-22 06:17 PM
    Don't harrass the man....he has specific problem to be solved and he was asking for comfort and some advise....he's airing his frustrations and agony...

    do you think attending the rally will immediately solve his problem? I know that attending the rally may bring out some results but not guaranteed...

    each one of us has each own specific case to solve....in his case, it was a fatal mistake by his lawyer, who was over zealous in submiitting the application and was submitted too early....I hate lawyers who do not know what they're doing...

    Now, in this case, isn't it an advantage if he re-filed his case during the July 1 to Aug. 17 period? Some are arguing that we should not re-file...I hate those arguments because some cases like this really needed to refile....

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  • Siboo
    07-27 04:22 PM
    Do this - Hire a homeless person, give him a VOIP phone with unlimited calling minutes, and ask him to call USCIS every second of his life asking for your recipt. Some day you will get the good news. If you hire 10 homeless and give all of them this job then you might qualify for "investor green card"!!

    Guys....please say....well said (pat on my own back)

    Well Said Kumar, Keep it up :mad: :mad:


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  • mdmd10
    07-25 11:36 AM
    I also have a PD in the same year as yours (May 2004), but my I-140 is still pending. God alone knows when it will be cleared. But I try not to think about it.

    Instead, imagine as if you already have your GC. If you suddenly get it one day, think about what your next steps are going to be. If you want to join a new company, think and plan about ways you will be able to market yourself. Plan for the future. You have plenty of time now to do research and analysis, because as soon as th GC comes, you will need to put your plan into action. Everything happens for the best. Assuming your whole life is ahead of you, what is a 4-5 year wait. This too shall pass.

    I have observed that on an average an EB2 ought to get their GC in 5-6 years from when they applied for labor, whereas for EB3 it is around 6-7 years. Now folks may get it sooner and it depends on individual case, but my observation tells me the above. So plan accordingly.

    Don't let anyone take your happiness from you. Only you determine how you feel and you can choose to be all depressed about it or not not worry about it and focus on something else. It is just a state of mind.

    Perhaps a couple of years after you get your GC, you will look back and think how resilient you have become because of this long wait. If nothing you have gained a virtue - patience.

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  • Legal
    07-19 08:52 PM
    OK guys, here is what I think. Being in US on a visitor visa, and then applying for an I-485 does seem like a violation of visa terms, but the other way round seem to be fine.

    since B-1 visa is issued clearly on the assumption she does not have immigrant intent.

    I mean she can apply for an I-485 first in India, and then apply for a visitor visa later while her I-485 application is pending.

    read above


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  • CT_Green
    07-02 03:13 PM
    We spent approximately $1000 (including medical and postal expenses)

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  • amitjoey
    11-03 06:40 PM
    Just venting out on IV Forum will not get us anywhere.

    Our lawmakers are unaware of the issues that affect us and it is really upto us (each one of us) to educate them.

    The most important thing that somebody can do for themselves is to take an appointment with your congresswo/man's office and talk to them. It is not that difficult. Just 1 hour of your time.


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  • bidhanc
    12-22 02:59 PM

    I sent my application on 29th Sept 2010 and have not heard anything yet.
    Most of the times I can't get hold of anyone and when I do they keep saying that they are not ready yet! That's very helpful!
    God forbid if I have to leave the country due to any emergency, what the heck will I do then?

    Sorry didn't want to bore you with this, but what or who did you contact at the embassy?
    I can't get hold of anyone at all?

    It would be very helpful.

    NY consulate is even worst than others. After a month of trying to reach them regarding my passport application, they told me they never received my application nor my passport. I had to sent them shipping tracking info and eventually they found my application sitting in a drawer. Never bother to opened it till than. I had to go through some higher level rank person to get my case resolved. The customer rep. phone is always busy, never able to get a hold.. I don't have to visit them for next 10 years,,,, thank GOD..

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  • bailoor
    01-15 02:47 PM
    First of all, we would like to know whether your wife is pregnant or you are trying to know all the possible option for pregnancy.

    If you are trying to know the option,

    1) you can choose any individual health insurance provider(like blue cross or Aetna or State Farm etc) with maternity option. They expect to have coverage for 18 months before they accept any claims on maternity.
    2) Also, ensure that the health insurance provider is coverage in complete US. Some of them have coverage only in west coast or tri state or midwest etc. In case of IT job, we can relcoate anywhere in US.

    If pregnant, try these options.

    a) Try to change to another employer who have GROUP HEALTH INSURANCE. Group health insurance cover pre-existing condition and hence no need to worry. Take HIGH premium option so that out-of-pocket is less and your expenses are less.

    b) If you cannot change the employer, visit the reasonable cost hospitals around your neighbourhood , talk to the billing staff and ask for discounts. Usually, they give 30% discounts on the total cost. Otherwise, you can talk to the management staff(or write a letter) and get around 30-40% discount.

    c) Ensure that you always visit the hospital, doctors, ob/gyn who are covered under your insurance provide network. Though your wife is not covered under maternity, they will work with their network doctor to get the discounted rate. Once you get that rate, ask for additional discount. Surely, you will get around 20-30% discount.

    d) Based on my experience, here are the expenses cost....

    ob/gyn - around 8k (prenatal to delivery)

    pediatrician - around 1k ( from child birth to 2 month)

    delivery expenses - around 8k (normal delivery)
    - around 18 k ( c section)

    scanning expenses - around 3k( depends on the conditions - sometimes, they
    expect weekly scanning during 9th month).

    Govt provides financial aid provide the total house income is less than 25k which
    will not work for any IT professional.

    As the expenses are HIGH, join some GOOD company for atleast 2 months, get their group health insurance and then quit and come back to your original company. After you
    quit that company, you can use the COBRA option and get the maternity coverage.

    GOOD LUCK...


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  • user1205
    02-20 05:27 PM
    I have the same feeling. With the move to Jan 2005 and the new rule about namechecks I think the numbers will get used fast for ROW.
    The only people that will not be able to take advantage of this are the ones with old PDs from BEC that filed 485 and 140 in the June-August madness and are waiting for the 140 to be approved.

    I presume that ROW would be significantly impacted by this as India & China would not benefit a lot from it now because of PDs being badly retrogressed. I'm afraid that this has the potential of exhausting EB3-ROW row numbers for the rest of the year. Am I wrong to assume this?

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  • ski_dude12
    07-07 07:23 PM
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  • Tito_ortiz
    12-04 11:29 PM

    It may be right. Knowing the Indian government well, they would be the first ones interested in keeping as many people as they could on H visa, so that they would have transferable income to India. India would have even less reasons in any immigration reform for US permanent residency, as that could make us settle here and say bye, bye to India government and their cash cow.

    Alterego, one more time you are right.


    Yeah I get that the money will be transferred from the Social security system here to the Indian Govt system.
    My point is it does not do a damn thing for us workers personally. That money will dissapear into a dark hole in the Indian Gov't coffers instead of a dark hole here, further as the rules stand, I have a slim chance of getting the money from here through social security payments when I turn 65 even if I am in India. Try that within the money in Indian gov't hands.
    On the other hand, it makes the Indian gov't allign with corporate america, as they all have a vested interest in a Temp. worker program such as H1b absent green cards. Which will be a win win for all concerned except us.
    So I repeat my question..................Why is this good again?

    06-10 07:42 PM
    You are the first guy who wrote a sensible post regarding CIR. Most if not all people here are delusional when it comes to CIR. I don’t trust Obama and Durbin to do any justice for Eb immigrants. The democrats agenda was always the illegals, as far as we EB are concerned they would prefer that we just get kicked out through endless RFE harassment from USCIS. The fact is republicans don’t like non whites to immigrate to US and the democrats are color blind to most extent but they are class conscious, they like illegals and poor people to immigrate to US because they can control them whereas they cannot control and herd the EB immigrants. So when the negotiations for CIR start Republicans will oppose any immigration so the democrats will strike a bargain with the republicans where they will ask for amnesty for illegals and in return they will happily throw the EB community under the bus by saying they are "reforming" the US immigration system by introducing a points based system where even existing applicants like the EB folks who have been in US for the last 10+ years have to re apply in points based nonsense system. Before people get angry ask yourself this question
    1. Was there a visa recapture in the last CIR (don’t confuse with the first CIR which was passed by Arlen Specter which was the best CIR, it had visa recapture, it had STEM exemption)
    2. Did it have Stem exemption i.e. exempt people who earned a Master and PHD from American universities from yearly green card quota?
    3. Did it eliminate country quota.
    4. Did it at least give an amnesty\interim type green card deal to honest legal EB folks like they gave to illegals?

    The unfortunate answer to all those is a "NO" and this was when the president was Bush a republican, now you have Obama as the president and Durbin as his right man in senate. Does anybody really expect Justice for EB from these two?

    Having said this I am not saying lose hope and pack up your bags. We will all have to fight for our cause but don’t have unrealistic expectations from CIR. Our best bet is a non cir piece meal bill visa recapture bill that addresses EB issues seperate from CIR, it is difficult to get such a bill passed but the chances for such a bill are better then Obama-durbin cir

    And yes. CIR....NO BODY knows the final form in which it will pass and what impact would it have on legal EB immigration....no way to tell. I have no basis to say this but this is just my personal opinion: For all of us on this forum going through immigration process; our best bet is to get something before CIR actually passes and comes in to the play....I do not have good feeling about CIR.

    09-09 02:27 PM
    Requirements to change employer when GC is pending:
    - I-140 should be approved
    - More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
    - Approved EAD

    Significance of 180 days barrier
    If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.

    After 180 days, you cannot change jobs, you can only change employers
    When you invoke AC-21, you have o fulfill two conditions:
    1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
    2.) You salary should be almost the same as the wages mentioned in GC labor certification application

    This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.

    It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.

    USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.

    Hope this is useful.

    "You salary should be almost the same as the wages mentioned in GC labor certification application or it should not be more than 4% more than what is mentioned in the LC"?

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