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  • drirshad
    08-13 03:31 AM
    He is gone .............




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  • seeking_GC
    07-18 08:19 PM
    bump>>




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  • amitjoey
    05-19 04:45 PM
    If I assume that every year EB3-India gets 5000 GC-Visa. From 2001 - 2008 Total = 40,000 EB3-India Visas

    Is number of applications in 2001 and 2002 is > 40,000.

    Its very hard to believe.

    Its not 40,000 labor or 140's dude every GC is minimum 2 (applicant + spouse) in some cases if you add children then it can consume 3-4 visa's from the quota and that is what is making the line even more longer.

    The reason it is stuck at 2001 is because a lot of people that did not belong to the EB3 queue got visas out of EB3 IN 2001. This was because of a law that was passed in 2000 that sunset in April 2001. Thousands of so called "special immigrants".. (Illegals- I guess) got them. See: http://www.usavisanow.com/245iext.html
    These were individuals that came in - illegally, but their employers could not file for them. Interestingly and Ironic is that legals were not eligible to apply under that act - LIFE ACT, 2001
    http://www.brama.com/news/press/010405_lifeact2000.html

    Also, add the wastage that happens every year. USCIS wastes (does not use) a lot of visas every year and they lapse.

    Also some years, when there was a visa recapture (I believe 2003-2004).. 50,000 of the so-counted EB3's were given away to nurses. There was a special category.




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  • brimos
    05-16 01:58 PM
    Is there anything currently to actually stop us from all throwing in the towel with the LC process and just stating that we've been here for x years and paid $x taxes and getting on the illegal's bandwagon?



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  • WillIWin?
    08-13 02:09 PM
    I dont agree with the laws passed, but here is the math to come up with the $600 million figure they are quoting.

    # of possible H1Bs = 85k (65k + 20k)
    Fees (additional) = $2000
    Total Fees = $170 million ($2k x 85k)

    The fee increase is for 4 years = (2010-2014)

    GRAND Total = $680 million ($170 million x 4)




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  • joydiptac
    08-06 11:58 PM
    Article is excellent. Thanks for sharing.
    A divorce will not benefit anyone. Think about all the time you spent with each other as an investment. A job, and a little independence should not change your attitude. Think of the kids futures what they have to go thru. Its a total loose loose.

    If you absolutely have to go thru with the divorce. Find a US citizen or maybe a GC holder who will be ready to marry you right after the divorce. Then you don't have to go out of the country. Or else reason with your husband to hold off on the divorce till GC.



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  • nlssubbu
    10-02 11:38 AM
    Thanks for the response and I have recd the same kind of response from my lawyer too. What I find confusing is everyone cautions me saying "As a backup, maintain your H1." Is there a real need to maintain a backup? Meaning if I need to maintain my H1 why should I apply for EAD for myself? Or is it so that I can continue on H1 right now with my same company and If I get laid off I can use EAD to get another job (not everyone hires H1-Bs) and in later case my daughter will be covered because our AOS is pending? In that case if I leave the country I can reenter using our receipts and APs, is that right?

    Your assumptions are exactly right. Do you plan to invoke AC21 in near future? I think if you switch to a company who is willing to transfer your H1B, you can transfer it as well. This is what my attorney told me some time back when I was in your stage and can still avoid using EAD.

    The purpose of maintaining the backup is for safety. Even if your 485 denied, you can still have some time period left on your H1 and can look for other alternative avenues to be here legally and can restart your GC process as well. Without this H1 backup, you have a very little time to do so.

    (Though I got GC now, my H1 is valid till end of 2010 :) )




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  • BumbleBee
    08-23 06:03 PM
    Is this category seen as one or is it split into many countries and if so how do you find out about a particular country within ROW?

    Thanks
    Its one single category(ROW). Otherwise the number won't add up

    100/7 = ~15 countries :eek: , and there are well beyond 15 countries in the world(193 countries). I guess they will create a separate country category if that country runs over 7% limit set. otherwise those countries remain in ROW.

    Does that sounds right?

    BumbleBee



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  • santb1975
    04-25 12:00 PM
    I am using AC21. I start my new Job on Monday. I have had an independent attorney of my own for the past 3 years from whom I get a second opinion from time to time. I have already hired them for my AC21. I really liked the attorney I was working with through my old employer as well and at this time I do not know if my I-140 will be revoked. My employer will keep me in the loop with anything. My attorney has already prepared an AC21 package. Take a look at Page 3 of the Yates Memo. Here is the link (http://shusterman.com/cgi-bin/ex-link.pl?www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf). Here is an extract as well

    Accordingly, if the employer withdraws the approved Form I-140 on or after the date that
    the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under
    the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to
    the office having jurisdiction over the pending Form I-485 that the new offer of employment is
    in the same or similar occupational classification as the offer of employment for which the
    petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the
    alien has not submitted evidence of a new qualifying offer of employment, the adjudicating
    officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR
    103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response
    to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of
    employment in the same or similar occupation, the BCIS may consider the approved Form I-140
    to remain valid with respect to the new offer of employment and may continue regular
    processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has
    not established that the new offer of employment is in the same or similar occupation, the
    adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails
    to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny
    the Form I-485.hello folks,
    I am switching jobs after an approved I140 and over 180 days from 485 receipt.
    I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
    - is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?

    one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?

    I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.

    Thank you

    Rex




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  • sac-r-ten
    03-17 02:28 PM
    Its better you get in touch with a good attorney on this personally. why wait for free advices on such an important/life changing decision in life.



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  • bbenhill
    09-18 02:56 PM
    Hi, I believe you can only use EAD and AC21 after I140 is approved and 180 days of filing I-485.

    Guru(s) : Please let me know if I am mistaken but by using EAD before above conditions will abandon GC application because labor certification is being violated.

    PS : I am not a lawyer/attorney. please use this information for your own risk.

    Thx




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  • walking_dude
    11-25 11:52 AM
    Dear Friend,

    Immigration Voice (IV) [http://www.immigrationvoice.org] (http://www.immigrationvoice.org%5D), a grassroots organization working to solve the issues faced by employment-based immigrants, is planning a DC Rally during the first week of March 2009 to bring the issues faced by our community to the notice of US lawmakers.

    Details of this initiative are provided here - http://immigrationvoice.org/forum/showthread.php?t=22519

    I request you to join IV as a member and support this initiative by indicating your interest to participate in the DC Rally and Lobby Day (visiting lawmaker offices to seek their support)

    As you might know our community is facing the following situation

    1) 140,000 total numbers per year worldwide vs. 1 million applicants and their families waiting in the line. Some from 2001 and may be before that ! It's common sense that it will take at least 6 years to clear just the current backlog, if there were no per country quotas.

    2) Per country quotas of 7% exacerbate the situation to applicants from high-demand countries like India, China, Mexico and Phillipines. Approximately just 10,000 visa numbers are available to India where as it's estimated that at least 44% of the applicants may be from India ( based on USCIS statistics of around 44% of H1bs being granted to India every year). As spouse and children are counted, considering 4 members per family, on an average only 2500 Indian applicants get Green cards in a year. As you can see the numbers are dismal.

    Meaning, if you are from India, China, Mexico or Phillipines, you may have to wait 10 to 12 years to get your Green Card or more

    3) Between USCIS and DOS (Department of State that runs the Visa bulletin) a number visas get wasted every year, worsening the already BAD situation. For instance between 1994 and now 218,000 GCs were wasted by USCIS. ]If the trend continues, it may well mean 15+ years for India/China/Mexico/Phillipines

    Now I know the problems ! What's the solution?

    1) Increase worldwide EB GC numbers to 290,000 per year or more
    2) Eliminate country quotas
    3) Exempt spouses and children ( dependents) from the GC quota (this will effectively double the quota)
    4) Since USCIS inefficiency cannot be fixed by us, implement a 'Rollover' of unused visas to the next year(s)
    5) Recapture the unused number of 218,000 visas . This may mean you'll get GC or at least see PDs jump forward by a few years (reducing your wait time tremendously)
    6) Lobby USCIS to relax USCIS strict determination of 'same and similar jobs' (defined by AC21 law) to provide job mobility and promotions.

    I know the solution. But, pray, who'll bell the cat?

    Fortunately for us, there is an organization that is working 100% exclusively for our cause. Immigration Voice ( http://www.immigrationvoice.org) a non-profit organization formed by EB immigrants to work for our cause. Starting with barely 200 members when it was formed in 2005, now it boasts a membership of 30,000 members and around 30 state chapters serving every US state with significant EB immigrant population.

    Immigration Voice ( fondly called IV by it's members) lobbies the US Congress and USCIS to provide relief to us. They have hired a high-profile lobbying firm Patton Bloggs to do lobbying for our cause. In addition they also do grassroots lobbying at State chapter level with the local Congressmen.

    What's Lobbying? Is it Legal for non-citizens ?

    Lobbying or 'Advocacy' is the act of Petitoning the US Government to redress issues faced by any person living in the United States. It's a right guaranteed by US Constitution (First Amendment) to every person living in the United States, citizen or not.

    Just like you can argue your own case in a court of law (if you choose to do it), you can also lobby or petition the US Government on your own. If you chose so, you can also hire a professional lobbying firm to do it for you, just like you can hire a lawyer to represent you in the court. Both are legally guaranteed rights. It's common sense that a professional does a better job - be it an experienced lawyer or a lobbying firm. Getting professional help greatly increases the chances of success.

    Boy, It must be really COSTLY to hire those DC Lobbyists?

    You are right. They are costly, but IV has been managing to keep the effort funded through sacrifices of it's Leadership (IV Core group), voluntary contributions from it's members, local fundraising campaigns by State chapters and selling IV-branded merchandise.

    Contributions are what keep IV ticking and working for you.

    I understand IV has been doing all this? Have they had any success so far? I don't want to invest in a campaign destined for failure !

    IVs success record so far in the order of signifance to EB community

    1) July Visa bulletin Reversal - Due to flip-flop by USCIS 350,000 applicants were denied the promised ability to file I-485 in July 2007. Chances are you might have been one of them ! We faced the grim prospect of losing thousands of dollars and countless hours of effort .

    IV conducted 'Flower Campaign', i.e sending Flowers to USCIS director Emilio Ganzales to request redressal of this unfair decision (in the spirit of passive resistance movement of Mahatma Gandhi). It provided wide media coverage to the issue nationwide.

    IV through it's California chapter, conducted the successful 'San Jose Rally' to highlight the isue to the Congressmen through the media. It also took an active role in petitioning San Jose Congresswoman Rep. Zoe Lofgren to help fix the issue. As it turns out Madame Lofgren, who also happens to be the Chairwoman of House sub-commitee on Immigration, was instrumental in forcing USCIS to rescind (revert) it's prior unjust decision ! An IV effort that paid rich dividends.

    IV actively particpated in discussions with USCIS in deciding the modality of reversing the decision, and was the first group to announce it, even before USCIS and US Department of State !

    IV Walked the Talk and helped the EB Community immensely


    3) Lobbying USCIS for administrative reforms - IV participated in the FBI Namecheck backlog reduction meeting ( when it approached alarming figures with some waiting for 1-3 years), where USCIS announced increased FBI funding to expedite the checks and other process improvements to increase efficiency.

    IV also successfully lobbied USCIS to increase validity of EAD/AP to 2 years from the previous validity period of 1 year. It has resulted in a saving of at least $1400 per year for every EB immigrant family that has filed I-485

    IV continues to lobby USCIS to relax USCIS strict determination of 'same and similar jobs' (defined by AC21 law) to provide job mobility and promotions


    All right. Is there anything I can do to help IV?

    Definitely ! IV is an organization of volunteers just like you and me. There are several ways you can help IV. For starters by participating in the very important upcoming DC Rally and the Lobby Day.

    Just spread the word. Forward this E-mail to all your friends waiting for GCs.


    1) Join : IV forums are a good source for finding answers to Immigration related matters and exchange information. IV also conducts pro-bono (FREE) lawyer conferences for members on a regular basis.

    Website link - http://www.immigrationvoice.org.
    Member registration - http://immigrationvoice.org/forum/register.php

    2) Contribute : As you have understood, Lobbying requires lot of funding. IV needs your support to keep the good work running.

    You can contribute either one time or join as a monthly (recurring) contributor [preferred] here -
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44

    You can send ANY AMOUNT to IV as a contribution. All you need to do it create a PayPal account (if you don't have one), register a bank acount/Credit Card with PayPal (if not already done). Send money to IV using E-mail id - donations@immigrationvoice.org

    3) Volunteer : If you are open to volunteering, you can join your local State Chapter of IV. State chapters conduct activities such -

    a) Lawmaker meetings with Congressmen to discuss issues faced by EB immigrants
    b) Fundraising at local Events
    c) IV publicity through Flyers at public places & Events
    d) Local media outreach to get media coverage for EB community

    Benefits of joining : State Chapters provide more detailed coverage of IV updates issued from time to time than available at IV forums (restricted due to presence of anti-immigrants). They also provide updates early ( 2-3 days before stuff gets posted on IV)

    How to join ? : Yahoo/Google groups for the State chapters are listed here.
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52 ( Scroll to the bottom !)

    Submit a request to join your State chapter with your - IV id, Full Name, E-mail, Telephone number (mandatory to filter anti-immigrants). State chapter leaders will call to verify and you are in !

    You have covered it in detail. Yet, I have many unanswered questions! Whom should I contact to get more info?

    Ask IV !

    Call - (202) 386-6250
    E-mail - info@immigrationvoice.org



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  • uma001
    08-18 05:19 PM
    Guys,
    I faced this problem myself. My wife was on H1 earlier and she never worked for a period of 1 year. At the beginning of the H1 period, we are expecting a baby and we took easy about her doing any job (its my fault). Later, market turned worse, it became to hard for her and her employer look for projects for her.

    So, I contacted a lawyer (he is great). He told me that her status is H1 even though she is not working and she has to get back to H4. He assured me that they will for my documents more than her's and we filed as such and we don't even have her pay stubs or W2 forms.
    She got in 45 days period and last week she went for H4 stamping, showing my documents. Yesterday, she got her passport back with H4 stamp.
    What Nayekal says is correct. Even though technically your wife is out of status but she may gey H1 to H4 transfer approved without paystubs. Now she has to file immediately for H11 to H4




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  • raysaikat
    04-22 01:41 PM
    I think i understand:) Thank you.
    As I might have already mentioned, i've been working for a company for 2 years now with my EAD, they are willing to sponsor for H1B. so as long as my J principal has a waiver, then my company shoulnd face any problems on applying for a H1B right?

    Could you please explain "As long as the H1-B quota is not exhausted and the petition was correctly filed". ? Is there a deadline to apply for H1B ?

    i really appreciate your opinoins, thank you very much.

    Talk to the immigration attorney your company is using. You (guys) do need a home residency requirement waiver to be eligible to work on H1-B. IIRC, the waiver has to come from both your home country as well as US. Anyway, I am not well conversant on J visas.

    There is an annual 65,000 visa limit for H1-B visas. There is an additional 20,000 visas for M.S. degree holders in STEM (Science, Technology, Engineering and Mathematics) disciplines from US universities. Non-profit organizations and US universities are exempt from the quota limit.

    The application time window for H1-B that takes effect on Oct 1, 2010 opens on April 1, 2010 (i.e., H1-B VISA starts from the start of the fiscal year, and application for that opens in the previous April). A few years back all 65,000 VISAs would get exhausted within a couple of days after the window opened (i.e., by April 3-4, all VISAs would be gone). AFAIK, the H1-B quota for 2010 (i.e., for H1-B VISAs that would start from Oct 1, 2010) is not yet exhausted. But it is always a very good idea to do the petition as soon as you can.



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  • Karthikthiru
    08-01 11:16 PM
    We all have to keep assuming like this only. The only way is to lobby and increase the the VISA numbers per year. So we all should show up on the Sep 13th rally and show our strength

    Karthik




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  • gimmemygreen
    10-12 12:59 PM
    Fox recruiting Lou Dobbs for war on Obama administration? | ChattahBox News Blog (http://chattahbox.com/us/2009/10/12/fox-recruiting-lou-dobbs-for-war-on-obama-administration/)



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  • saimrathi
    08-10 03:10 PM
    Not a big fan of recurring contribution.. would like to contribute when I feel comfortable...

    from your signature it says you contributed and you voted 'no', am i missing something here?




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  • helpmeExperts
    01-13 12:00 PM
    Hi

    i just saw your thread about FOI.

    please care to share with me how can i do that.

    plz reply to my message

    thanks a ton!




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  • sangeethak31
    07-13 02:51 PM
    Hi,

    Recently I transfered my H1 B from X company to Y company & now I am going for my visa renewal. My previous employer is not providing me the experience letter. Though I am having all my paystubs, appointment letter etc. I think I need the experience letter also...So what should I do now. Please suggest me.

    Thanks,
    Sangeetha K




    vroapp
    08-07 08:05 AM
    I'm afraid I can't help you with your application but Congrats! on getting married, i.e... :-)




    guy03062
    04-17 11:22 AM
    Also when last year, congress approved recaptured 50,000 visas per year for Nurses, USCIS updated it immediately after Bush signed the law and also published interim visa bulletin to reflect those changes.

    Same way, how should we interpret here in case this immigration bill is signed by Bush, will USCIS allow to get us those benefits immediately or need to wait 90 days?

    Last time when Bill Clinton signed similar bill, it became effective immediately. So this should also be immediate.



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