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  • Dyana
    02-15 11:25 AM
    Dyana,

    I would suggest using your own checks for I-485. This way, once USCIS will cash your checks, and if you have online banking - you will see the receipt numbers on the back of the checks. This way you will be able to see your application status right away. It was very critical (at least for me) during June/July tsunami of applications, as I received the actual receipt pretty late.

    Also, don't count on that EAD, it will be safe to invoke AC21 only after 180 days and having approved I-140. You have good chance to have your AOS adjudicated. In this case you will have to stay with your current employer for at least another 6 months. If you will leave before 180 days and your GC will be approved, then AC21 will not apply and your GC will be revoked.

    I also learned a lot on IV :)
    Bestia,

    First thanks 4 your advice. We'll send 2 separate cheques, one 4 me and one 4 my husband.Is this what U meant when suggesting 2 send "my own cheque"?

    Why do U say I have good chance to have my AOS adjudecated? I really needed to hear that. Can U be more specific? Any idea/guess how long could it take to get GC?

    About EAD. I 'm on H4, not working yet, that's why I am eager to get EAD. Do U think that there is no chance to get it within the 90 days? My husband is on H1B an he has I40 already approved. He won't leave his job that's for sure.

    What "IV" stands for? Where can I found more about it?





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  • kuhelica2000
    02-13 12:02 PM
    That is absolutely not true. Unused visas from under subscribed countries are made available to over subscribed countries.





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  • michellezbb
    07-03 06:37 PM
    please at least send out to your state's senator.

    http://www.senate.gov/general/contact_information/senators_cfm.cfm





    Dear Mr. Senator,

    My name is xxx, and I’m working as an xx in xx,xx.

    I am sending this letter in strong protest of the outrageous bait-and-switch melodrama that the US Department of State and the United States Citizenship and Immigration Services (USCIS) have put on recently. Specifically, on June 13, 2007, the State Department announced that people seeking permanent residence based on employment would be allowed to proceed to file their applications starting on July 2, 2007

    As a result, I took immediate action, spending a huge amount of time and effort preparing all the required documents and having them sent out to my attorney ASAP. However, on the very morning of July 2, the US Department of State announced that they just changed their mind and decided to reject all applications. This is such a ridiculous hoax, and it’s particularly shocking when you realize that such nonsensical and willy-nilly decisions came from the US Department of State!

    As a hard-working student, I got my graduate education in this great country and was fortunate enough to get a job upon graduation. As a law-abiding individual, I have been waiting patiently in line for years to file my application for permanent residence. Yet what I’ve just seen and experienced is more than disappointing not only to me, but to thousands upon thousands of legal immigrants just like me who have struggled so hard to deal with all kinds of difficulties for years and have been doing it the right way.

    I have below questions needed to be clarified:

    1. How many applications have USCIS received during the period 6/14/2007 through 6/30/2007? This number is critical because apparently this number has changed the US Department of State’s opinion about the visa availability from available to unavailable in 15 days. And a more interesting question is that is this number predictable? In another word, did the US Department of US take this number in consideration when they determine that the visa will be available to all employment-based immigrants on June 13, 2007?

    2. The announcement of the revised July visa availability was made in the earlier morning of July 2, 2007. Apparently, the decision was made before but not in the morning of July 2, 2007. Then, why didn’t the US Department of State release the news as soon as the decision was made in a good faith effort to inform all potential applicants at the first time? It should be anticipated that a lot of applicants would their application at the very beginning of the month. As you can imagine, all those effort are just wasted. And the worst of all is the feeling of being cheated and being fooled around.

    3. My application was prepared to send to USCIS on July based on the best information available at that point of time. However, the application will be rejected/returned in accordance with the sudden announcement made in the morning of 7/2/2007. Does the US Department of State have the legal right to revise the cut-off date without going through certain procedures? Can we still trust and rely on the visa bulletin issued by the US Department of State to prepare our change of status application in the future?

    Again, this is such a ridiculous hoax and it’s hard to believe the US Department of State just ate its own word like that. That is why I would like to take the liberty of writing to you about my outrage. I sincerely hope that you can take some precious time looking into this, and also at the current immigration system, which I believe is seriously flawed and patently unfair.



    Thanks and best regards,


    xx





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  • lazycis
    02-16 10:11 PM
    Read complaint from NGWANYIA v. ASHCROFT case, you will find a lot of similarities with the current situation
    http://www.ailf.org/lac/lac_lit_101802.pdf

    Also those who are interested in active participation, please join yahoo group by sending e-mail to visa-recapture-subscribe@yahoogroups.com
    All we need is one or two members who have time and desire to start the process.



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  • amulchandra
    04-29 09:19 AM
    This is from Immigration Law firm. Is it true?

    04/28/2007: Labor Certification Substitution Elimination Final Rule Approved by OMB 04/27/2007

    The OMB approved this final rule. As soon as this rule is released, all those certified labor certification cases which have yet to be filed for substitution I-140 will be no good for substitution.





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  • simple1
    05-18 08:03 PM
    krish2005,

    Please don�t mix up LTTE and Tamils.

    The question is simple. Are tamils and sinhalese genetically the same? to me they look very similar.
    If Yes, why
    - sinhalese were violent against tamils in 20th century
    - tamils want to secede based on language, religion and social-culture ?
    If No, give supporting evidence that they are not.

    Clearly Both groups are not natives (except veddhas all seem to have immigrated at some point).

    Is it all petty politics, external-profiteers and power mongers in play ?

    external-profiteers: I heard a small city state indirectly benefited in SL�s 80�s from the civilwar was afraid Colombo will complete with them.

    If we are trying to quote facts here then myths also come into play.



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  • Legal
    07-21 05:38 PM
    vdlrao,
    There could be one problem with the above interpretation of overflow from FB category. I think the numbers shown in the document are from last year- end of Sep 07, not sure this applies to what is available for 2008. what do you think?





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  • dealsnet
    05-18 03:11 PM
    I think conventional war was ended. But the mistrust is still there. New organization and another set of gurilla warfare will be start very soon. Many LTTE still in Sri Lanka. They may regroup after some time. The refuge camp will be breading ground. If need peace, settle these refugees to good housing, education and jobs. If Sri Lanka thinks the war is over with LTTE, and rule with same manner like before, no peace at sight. May be the unrest will be not in the north, may be in south.
    For long lasting peace, cosider all minority with equal rights, like in India. Minority get more rights, because of vote bank.

    The state television of Sri Lanka has confirmed that Prabhakaran has been shot dead while trying to flee the war zone.

    And the whole island has been liberated from the LTTE terrorism.

    Here is my salute to the brave and heroic Sri Lankan armed forces, our president and the secratery of defence and to my fellow Sri Lankan brothers and sisters!!!! This is it boys!!!! We did it !!!!



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  • ezee
    08-16 01:49 AM
    What use is this thread? How does it serve the purpose of IV. I see emotions flaring up time and again with every "incident" that media sensationalizes. Its high time administrators here took control of our messaging otherwise anti-immigrants are soon going to pounce on this. I sense an under-current of hatred in some posts as well. I am going to stop coming here if this mindless stuff does not get stopped from being posted. Personally I don't even think that forum should be on the home page.





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  • msp1976
    02-13 03:30 PM
    Originally; I had interpreted the paragraph to mean if the total visas by category i.e, total visas in eb1 are unused then a country can go over 7% limit in that category (horiziontal spillover).

    However; the law is determining total as total visas for all EB categories as a whole. Therefore, there has to be unused visas from the 140,000 for a country to go over 7%.



    I interpreted that as allowing a country to go over the overall 7% limit in the total EB categories.....Which conforms to what USCIS did in 2005....USCIS allowed much larger than 7% from India that year...and they were within law...( Of course that can be litigated against if someone raises an objection ......)

    So if my interpretation applies and after reform there are 290K total visas available then there is a decent chance of EB2/EB3 India China to at least come to 2005 PD levels if not current...



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  • cps060
    04-04 08:39 AM
    What are your options if the Canadian PR expires (go to CA get PR and come back to US) and you are still in the US ? OR say you are in your 4th/5th year of CA PR and then you then desire to go to CA, can you re-apply for the Canadian PR ? If you can, what is the procedure .... ?

    Anyone who know abt this, please respond.





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  • amitjoey
    07-03 04:57 PM
    What did you put in the subject field.. It is very important to have right words in subject field so at least they will open the email and see what's in it..

    "Immigration scandal goes unnoticed"
    or "USCIS drama and tantrum to lessen workload"
    or "Is this legal?"
    or "Resignations due at USCIS"
    or "Foul Play synonym USCIS Play"



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  • krishmunn
    06-15 01:17 PM
    What is your solution to remove retrogession. Recapture bill may fetch you gc but not for all persons and after 1 or 2 years again backlog will increase to similar level. Permanent solution will be increase annual gc numbers and restrict H1b and L1 based on requirement. You are not going to get unlimited GC numbers any time but L1 numbers are unlimited(about 80k in 2007) and H1b numbers were 125K in 2007. In this situation if there is annual cap retrogession is going to become worse if atleast 50% of H1bs apply for GC every year.
    This year numbers were much less due to recession,rfes and denials. But due to 195k H1bs issued upto 2003 Eb3 will not improve for another 2 years.

    "H1B numbers were 125K in 2007"
    Holly cow ! I always thought H1B cap is set to 65K (except for a few years in early 2000) :-)

    The 125K which you mentioned is popularly used by anti-immigrant lobbys to push their argument. It includes all H1B transfers NOT only the fresh H1.
    So, if X get his H1 in 2006 and change to a new company in 2007 , you will count X against 2006 as well as 2007 giving a false number. However, if X applies for a GC, it is not 2X applying for GC --- just X .

    Recapture bill will help a lot in clearing the backlog. For future EB GC, if the dependents are not counted for immigrant visa, it will be much cleaner. Not all L1 and H1 apply for GC. Mostly the major Indian IT companies DO NOT sponsor GC (and as you know they are the major users of L1).





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  • GCSOON-Ihope
    10-24 11:57 AM
    I 100% agree that selling or buying an LC should be absolutely prohibited.
    However the principle itself makes sense in some cases.
    A few years ago, a friend of mine was endlessly waiting for his LC when a co-worker of his (with an approved LC) suddenly quit to go back to his home country. The company (that was paying all the fees) then used this approved labor so that my friend could get his GC faster. Since that company was fair and honest, he never had to pay a dime for it.
    So, he got his GC a couple years ago and I am still waiting...
    Am I jealous? You bet! Angry? No. My friend took advantage of a legal loophole and, let's not be hypocrite here, who wouldn't have done the same in this particular situation?
    But again, making a business out of those LCs should be 100% illegal.



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  • mirage
    03-31 09:22 PM
    You don't want to give any credit to 'Modi' than by your logic, Chandrababu Naidu shouldn't be give credit of 'Andhra' turnaround, Vajpayee shouldn't be given credit for Infrastructure turnaround...In India Politics & Politicians are so important, until they are pro-work, nothing works. UPA govt's attitude was sit & watch for Orders from 10 Janpath, so all of us know how they performed..A person who assists in the murder of people whom he has taken an oath to protect, cannot be really thinking about the country or for its development. By saying that HE is responsible for the development is clearly under estimating the capabilities of the gujrati people. The gujratis and rajasthanis are leaders in creating wealth and they did that for thousands of years successfully with world's envy before this ugly Indian came into picture. With your logic fodder eating Lalu is the smartest politician ever born....remember his $20Billion revenue he is bringing in from railways....never heard of from any sector...leave alone the ever losing railways...the only thing lalu can be given credit for is...not stopping the elite civil services managing directors and the academia (IIM, ISB) from doing their work...which they have been trying to for several decades....so I dont think the theory is right that one person (call him black spot of India) had done something....when each individual in the state is born with the blood which carries enterpreneurship.....kudos to all gujaratis....





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  • vin13
    09-15 12:41 PM
    Seems like the spill-overs happen at the end of the year which helps dates for India to advance.

    Has the process changed to where the spill-over is calculated and issued every quarter? If not, this could be a possible administrative change that can be proposed by IV.



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  • amitga
    02-15 02:39 PM
    The counter argument to this statement is that when I was hired I was told that it would take 2-3 years to get the Green Card and then you can live in this country. I made certain investments, commitments in this country based on this fact. Now either I stay here as slave or loose on all those things that I did thinking that I will stay in this country forever or for next 10-15 yrs. Some of the problems that tied me to this country are :
    1) Buying a house
    2) Child education : Child cannot go back to home country and countinue education due to language of instruction.
    3) Immovable Investments like 401K and not investing in my own country e.g. PF in India.
    4) Making life insurances. I am too old to take a new life insurance as the premium will be too high and I cannot afford to pay my current life insurance as US as it would be difficult to them with my earnings in the home country.

    And the list can go on and on. There are the things that habe tied me and I am no longer free to leave. If would have know earlier that the GC will take 10 years I would have not bought a house, left US before my kid started school, might have took a life insurance in home country etc. In fact same argument prevails that why were the dates made current last July. That send a wrong message and people made more investments.

    Your above statement is true, but it doesn't apply to EB situation. A slave is not allowed to leave, you are allowed to leave time, at your free will. Its just that you chose not to leave. The correct description of the situation is - you are imposing slavery upon yourself and asking for remedy from the government. Isn't that correct? Jazzy is simply saying that you can leave if you don't like it. So you are not a slave. Its that simple.



    Laws are pretty clear, its just that we are stuck in the process created by those laws and we want to call it "slavery".

    This debate will have a conclusive output if we think from our mind instead from our heart. No point in getting emotional about the situation, this debate needs pragmatic thinking and discussion about the possible lawsuit.

    Slavery is not a valid argument so no point in mentioning it. Also, whether of not we have a cause depends on the law and not on the logic or the emotional aspect of the debate.





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  • samay
    07-28 09:15 PM
    Hello there

    Thanks for your service.

    I needed to ask a very specific question about extending a B-2 visa towards the end of a six month stay for my mom; specifically if she becomes out-of-status during the duration when an EOS application is pending, if the EOS is subsequently denied; and if this (i.e. subsequent denial) voids a multi-year multiple entry visa? I am finding conflicting information on the internet even from USCIS sources about whether or not 212(g) applies when an EOS application is pending.

    Thanks for your time.

    Yes a subsequent denial of an EOS application voids a multi year multiple entry visa.





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  • eastindia
    01-25 02:45 PM
    Making Sure H-1Bs Actually Work for Their "Employers" | Center for Immigration Studies (http://www.cis.org/miano/h1bjobshops)

    Making Sure H-1Bs Actually Work for Their "Employers"
    By John Miano, January 21, 2010





    manderson
    02-12 04:35 PM
    actually Philippines has it's own category in the Visa Bulletin. So technically it's not part of ROW. But practically speaking EB3 ROW dates and Philippines EB3 (previously Schedule A Nurses) are usually very close...

    ROW = Rest of the World. It refers to countries other than India, China, Mexico, and I believe Philippines.





    HV000
    09-25 12:58 PM
    You also know what I am stating. You already have heard the word"Pre-adjudication" which means "To assign number" based on monthly bulletin based EB table dates and then put a file on shelf to eat dust till USCIS can "approve 485" /"Send Physical greencard" based on Prority date becomes active based on "country specific limit"

    If assigning number is almost equivalent to granting visa in a few days then there should not be hundreds of applicants waiting in "pre-adjudication" queue. We all know that many people have been pre-adjudicated and now they are just waiting for their physical GCs.

    Bharatpremi,

    I don't think pre-adjudicated cases get visa numbers. These cases are just waiting for visa numbers and they get visa number when dates are current. Getting a visa number is same as an approval.



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