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  • anura
    04-05 04:06 PM
    I am not sure what AILA is up to. One Mr. Oppenheim already told them that they can start moving EB2I dates in May because there may be unused EB1s. If I am right, that is all he is told them. AILA is just looking to make the best of the statement. What are the ways O's statements can be interpreted to make a profit out of it. There is no reason for AILA to reiterate the statement now. AFter AILS is already told everyone what O told them.

    AILA is now just attached a note to say that if you push PD too much, then you will get too much I-485s than you can handle. Looks almost like AILA is trying to advise the Visa Office. Well that is what lobbyists do.

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  • alisa
    06-21 03:10 PM
    In 2004, a friend moved within the same Multinational company (A) from one business (A1) to another (A2). The HR department did not apply for an H1 transfer assuming that one was not needed, and the friend worked for a few months before the business A2 was sold off, and the new company realized the mistake, and filed for her H1 transfer, which was approved. The new company then filed for her labor and got her I-140 approved.

    Can the friend now file for AOS? Was the period that she worked for A2 'unauthorized'? Does that preclude her from adjusting her status now?

    I am guessing that a lot of employers/people might have made similar mistakes through no faults of their own. Whats the solution here?

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  • thakurrajiv
    11-25 04:19 PM
    I agree with you the whole thing was set for a collapse and personal responsibility and other ethos have disappeared long time ago. In my opinion the fundamental problem is money created from debt. The backbone of entire modern economic system is based on creating money from debt. Check out this and you will know how leveraged the entire system is (not just real estate).

    Unfortunately we are all caught in it with only solution to fix is time travel and kill the beast in infancy. There is vested interest by the Govt and Banks to lend because that's the only way money is created. That explains constant rate cut cycle and stimulating artificial growth. The entire monetary system is hijacked by banks. The debt to ordinary people drives the economy and people pay that debt and interest a good part of their life. Thus collapse of big banks could lead to eventual meltdown of the system, and no wonder govt keeps bailing them out.
    In the end personal level frugal living and debt free people are constantly punished by taxing interest like ordinary income and no tax breaks. On the other hand big over leveraged spenders are rewarded with big tax breaks. Why ? Because it allows the well-oiled machinery to work.

    In last 10-12 months, this overworked (overstretched) machinery broke down because the debt (and interest) is no longer paid back. Banking system of the entire countries start to fail (Iceland, Latvia, Hungry...). What happens next is anybody's guess, but we will be collateral damage, mine and your savings will be eroded by diminished buying power due to currency printed to bail out the fundamentally flawed system.
    The sharp decline in moral and ethics is a direct result of entitlement mentality and welfare society. People feel that they deserve everything without having to pay it back and everyone who is better off must be evil. They forget that simple hardworking people can be rich by simply living debt free and with in the means.
    Finally the money from debt driven system might survive but not without huge decline in standard of living, a massive recession and permanent shift away from material possession as a central theme of life.

    Very good post. This is the reason there should not be BAILOUT. Let the deflation and deleveraging continue. Let the so called wealth get destroyed. Lets make the savers the king, cash the king.
    We should not let this politicians screw savers. Lets oppose the bailouts.

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  • ssa
    08-21 02:51 PM
    There is no mention of apology in past bulletin. Any other doc you are aware of?

    I gave you a green. Hope it makes you happy

    Here is the link I was referring to in my earlier post: http://immigration-information.com/forums/blog.php?b=13

    I'm not sure whether USCIS ever *appologized* per say but the second paragraph from the link above supports my earlier argument that the new spill-over policy (which in my personal opinion is more rational) is not a random, ad hoc decision by USCIS but rather a careful one after consulting congress etc.


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  • krishmunn
    03-31 11:50 AM
    Hi GC ON DEMAND, I think you are right... Looks like we did not receive any spill over from EB1 and EB2 ROW --- Here are the calcs...

    Regular EB2 ROW gets 34,436 -- see below for break down

    We know that EB2 gets 140,000 * 28.6% of visas which is 40,040.
    Out of 40,040, 7% is allocated to china and an other 7% goes to India.
    So EB2 ROW = 40,040 - 2*(40,040*7%) = 34,436 -------------------------------------------- (1)

    In the document that you have, EB2 ROW received 27, 406 visas... How? see below

    Total allocation for Eb2 (A1) - 53,872
    India received (B1) - 19,961
    China's received (C1) - 6,505
    EB2 (ROW) net = A1-(B1+C1) = 27,406 -------------------------------------------------------- (2)

    EB2 (I&C) Regular quota {2*(40,040*7%)} = 5,604 -------------------------------------------(3)

    (1) - (2) - (3) gives the spill over from EB2 ROW to EB2 (I&C), which is 1,426

    Which means EB2 ROW to EB2 I&C spill over is mere 1,426 ???? Hope we are wrong... this looks scary...

    The calculation looks incorrect.

    You considered the I+ C allocations and subtracted those in line 1. You again subtracted those in your final calculation.

    The straight forward calculation is EB2 ROW is entitled to 34,436 (1) and they used 27,406 (2). So splillover was around 7 K.

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  • ebizash
    08-07 02:24 PM
    DISCLAIMER - I am EB3-I with PD of 01/2007 AND I am not porting to EB2....

    I DO NOT support this law suit idea but I really admire SunnySurya... not because he/she is planning to file lawsuit but because he/she has been really polite and patient to so many insulting, taunting and name-calling posts "personally" against him/her.

    Again, I am NOT supporting actions of SunnySurya..... but admiring the patience and politeness....

    My first and last post on this thread... hopefully... :)


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  • hpandey
    06-15 10:14 AM
    Of course yes its for our interest BUT don't forget that its against a violation. Tomorrow if the same organization brings resources in H-1B/EAD/GC/Citizenship we are not going to complain about it ... because its within whats allowed by the law, I think thats the purpose of having rules ... to have a fair playing ground ... think abt the havoc/chaos these companies could create by bringing people without any visa (illegally across borders) and talk about 'closing the doors and me not brought up that way', do you think that anyone including you would support that???. Here the purpose of L-1B visa is misused and blindly violated, so lets move in the right direction, we are not asking all L-1B visas to be banned BUT to investigate the abusal of that visa category and we are just pointing out the incidents where we think its getting violated. Lets see who is on right/wrong side. We'll leave the decision part to ICE/USCIS/Other agencies involved.

    L1fraud - what GC28... is saying is for DilipCr and not for you . Mr. Dilip has been touting himself as a highly skilled individual who is applying for citizenship now and wants that the rules should be made so hard now that no one else from India ( or for that matter anywhere else in the world is able to get EB GC ) . He says that most of the H1's and L1's are not BEST and the BRIGHTEST according to him .

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  • eb_retrogession
    02-02 03:23 PM
    President Takes Dual Tack on Immigration
    By June Kronholz
    The Wall Street Journal, February 2, 2006; Page A8


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  • imbond707
    08-07 11:29 AM
    SunnySurya and Rollling_Fraud,

    Good news for your guys. I am EB3 but recently my labor got approved in EB2 and very soon I am going to port PD from old labor. :DHa..:Dha..:Dha..You can�t stop me and very soon I am going to stand in front of you in EB line.

    Note: Please post your reply ASAP. I am compiling your posts and will send this in �Best Joke of the Year� challenge.

    No, I just don't want people in Eb3 line to come as stand in front of me.

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  • optimystic
    03-26 02:48 PM
    Where does it say (please quote official DHS/USCIS/DOL publication or a bill) that employers must hire "US Citizens" first? I think the regulations are to give preference to US workers (note that its not US citizens) before brining somebody from abroad.

    You do make a very good observation and we should clarify with the experts. Can anybody help clarifying this from the lawyers?

    I dont know of any link to a particular publication, but I thought it was a common knowledge that the whole point of labor certification process, is for the DOL to monitor that a potential US worker (I thought it meant US Citizen but may be not), is not being displaced by a foreign worker. To be clear here though, the DOL does not prevent an employer from going ahead and sponsoring an H1B and hiring a foreign employee. But DOL is legally directed to reject such labor applications.

    Though this is applicable only for H1B hiring and subsequent filing of GC process for such an employee, I am wondering whether there is any loophole in DOL's directives that might provide a cover for employers to enquire whether a propective employee is US Citizens are not.... Especailly in the PERM process don't they have to do active recruiting efforts and gather statiscis that they tried to hire US citizens ..?? How can an employer gather statistics if they didn't ask for work authorization related details....?

    May be due to possible loopholes in such laws...they are able to take it a step further and enquiring about the kind of work authorization a candidate possesses!


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  • caliguy
    10-05 05:47 PM
    @ fatjoe

    We should also check if we have a case to sue USCIS. Last year, they said they were going by receipt/notice date and not PDs. What are they going by this year? Hundreds of people with receipt/notice/PD later than mine have been approved. My PD is June 2004.

    Yes, lets send a letter collectively to Napolitino.

    Hi vikki76, bpositive, dipika, caliguy, leoindiano:
    If I am correct, your PDs are current, right? Do you guys know if your case was pre-adjudicated and/or assigned to an IO? I keep reading from the forums that some apps with PDs as late as Dec 2004 and a couple of Jan 2005 got approved. Wondering why the earlier (eg. mine is July 04) not approved yet. Could we all join togther and write a letter to Napolitino(Thanks to SoP for the idea) and ask her to take some action on our cases?

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  • Saralayar
    01-20 01:51 PM
    Accelerate... Vote immediately... Make it to cross 1000... 10000...
    Still showing votes=380 points.. Hurry up.. Bump^^^


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  • gondalguru
    07-16 01:48 AM
    Applying 485 through Spouse


    My Priority date is Jan 2006, EB2-India category having approved I-140. My husband is in EB3-India having pd Jan'2004, already applied I-485 (140 is approved) and got his EAD and AP. He is already using his EAD. I am a dependent in his I-485 but did not use my EAD and still continuing on H1-B.

    Since my case is EB2-India which is going to be current in August'2008. Am I eligible to apply for I-485 me being the primary and my husband being my dependent? If so would there be any problem when USCIS adjudicates my case?

    Your valuable response is highly appreciated.

    Interfiling I-485 is not possible in your case. Recommended option will be to file a second I-485 set to use your EB2 category benefit. Again talk to you attorney and get his expert advise.

    Copy - Paste from usvisahelp website forum/blog

    What if my spouse and I both have approved/ pending I-140s?

    Some of our clients who have pending or approved I-140 petitions also have a spouse with a pending/ approved I-140 petition. The question arises of which I-140 petition to attach the I-485 filing to. This determination depends on several factors, including which spouse has greater job security; whether one spouse wishes to leave his/her employer; whether one spouse is in a preference category for which visa numbers will become available more quickly, etc.

    In a recent meeting with the American Immigration Lawyers Association (AILA), USCIS officials stated that while the regulations do not prohibit the filing of multiple adjustment of status applications by one alien, if one person does file two such applications, they may pick one to deny since both cannot be approved. USCIS also stated that where one alien is the principal applicant and the other is the derivative, the I-485 applications cannot be transferred to the other spouse’s I-140 petition. Instead, the pending I-485s must be withdrawn and new I-485s must be filed with the other spouse listed as the principal applicant.

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  • pkv
    07-11 11:05 AM
    I don't know what do you mean by success. as far as media coverage is concerned, Fireign media (India, China or elsewhere) doesn't help. It's local media, which can create some usefull awareness. How does awareness in a different country helps?? I don't know why even people talking coverage about foreig media?????

    Sometime back.. I also read some comment talking about involving Indian govt. in this.... Bullshit.. What does a different country's govt has to do with it!!!

    Point is.. don't get too excited for having done nothing... Do something substantial and keep doing.


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  • manderson
    01-24 03:26 PM
    You forgot blood, urine and DNA samples.

    Looks like they forgot to ask to attach the following :):):):)

    1) Copies of all your certificates
    2) Your latest offer letter
    3) Pay stubs for last six months
    4) Tax returns
    5) Letter of introduction from the employer
    6) Latest Resume
    7) 3 Recommendation letters
    8) Family photo with Mother, Father, spouse, kids , siblings. While background, taken less than 6 months ago. Frontal view :)

    Avoid them at all costs....

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  • letstalklc
    09-04 02:49 PM
    I hate to play "who winks first" game with teleblend. They told that they would come up with similar india plan but not providing any details.

    May be now I should switch to vonage or Lingo. One factor in favor of vonage is: I get two months free with referral and one year contract rather than 2 years with Lingo.

    As per one my close friend, lingo CS is not very good. Vonage is still better than Lingo.

    However here is my question.

    The acutal cost of Vonage with unlimited india calling is $31 - $32 per month due to taxes, misc charges etc.

    WHAT would be ACTUAL COST OF LINGO per month? any approximation?

    Any one who uses lingo? Please advice... How much money do Lingo charges over & above regular monthly charges?

    I used to be a vonage user and Vonage was horrible as they were trying as much hard to charge the MAX to the customer in extra MISC charges.

    So far they havent provided any link from LINGO.COM home page, even the link what I posted got it from my friend........we didnt know at this moment how much taxes gonna be...

    It's 2 years agreement and it's killing part....

    I have no idea about customer service or call quality....

    If any body has exp...please share for other customers who are willing to sign will be healpfull...


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  • crazyghoda
    09-23 04:31 PM
    A basic question - Are the months that the numbers are slotted into for the Priority Dates? or are they the recept date or something else....?

    If PD, then how come there are numbers for 2008 and 2009? The PD has never been current since July 2007....

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  • kewlchap
    10-11 10:54 PM
    @ Neelu:

    a. Contact your senator and your congressman/woman. I contacted both. Senator's office had a very nice system of faxing in your request, just for USCIS issues, so I did that, and got a letter in three days stating that Senator has contacted USCIS for me. Later, I got another letter which included USCIS response. If there is a number for your Senator's office, I suggest pick up the phone and get talking to them.

    b. I will get started immediately instead of waiting. You do not know if your IO is working on other EB-2 India applications. He could be working on a chunk of EB-4 applications and not even picking up your application from the holding area, where it can lie for many days.

    c. I feel that you should submit 7001 unless you believe you know where your application is. Meaning, if multiple IOs / infopass tell you the same info, then it is probably true and you can wait. If you get nebulous answers like "wait 60 days", then submit 7001. I dont think there is any reason / advantage of an attorney submitting it. I filled it out and FedEx'ed it overnight to Washington DC.

    Someone else asked me for the POJ method for TSC. I just followed the POJ instructions listed on this forum.

    Hope this helps, and good luck!

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  • indianabacklog
    06-18 07:28 AM

    I have a question regarding g28 , did u file this form when you did it yourself ..

    can an attorney file g28 later on if there is a RFE , who else can file g28
    Did not file this form since I prepared all the forms personally. I believe this is only needed if a lawyer files for you.

    10-14 06:46 PM
    I m Aug'04 filer/TSC
    ND:Oct 5th.
    SR: 9/5
    Very similar situation...
    But i recieved a letter to wait for 6 months...:(
    Any suggestions????

    I didn't get an email but got an sms from USCIS about the case status change to Decision. Here's the update :)

    On October 13, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.

    Does that mean an 'Approval'. Between we moved to AZ from FL this week and I'm sending my AR-11 and changed the address over the phone. Is there anything else I need to do ?

    03-25 03:15 PM
    Please read this http://www.klaskolaw.com/library/files/desk_reference_-_employee_verification,_employer_sanctions.pdf

    The HR guy is ignorant and has no clue of serious implications of discrimimation

    Other link is http://www.uslaw.com/library/article/article_182.html you have to be a member.

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