Monday, June 27, 2011

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  • unitednations
    03-08 04:33 PM
    You are in this society for 35 years, so I'm not sure what's your objective of being on this forum...Anyway about your observation on Visa spill over, what you are saying is 180 different tha what other lawyers are saying, they are saying until 2007 DOS was reading the law differently so India was getting the spillover Visas, now they have started reading it differently hence India is not getting more than 7% Visas now, it is very obvious, from EB-3 India being in Oct-2001 for last 2 years, and EB-2 haven't seen any substantial movement either....

    That is many peoples problems isn't it? They are active on forums, care about greencards, keep abreast on legislative stuff and then once they get greencard they disappear.

    If someone is from USA and they go to your country and live there for five years; they do not have historical context of why things are done the way they are done; no matter how long they research it.

    We'll see when statistics come out. Which lawyers by the way say their interpretation is 180 degrees different?

    How much visas did India get for the period October 1, 2004 to September 2005 (off the top of my head it was 50,000)

    From October 2005 to September 2006 (it was around 10,500)

    For the period October 2006 to September 2007 (someone want tofind it; it was more then 7%)

    October 2007 to September 2008 (to be determined)

    Department of State has been all over the place by changing their interpretation? btw; I doubt with visa movements the way they are that they are establishing country quota of 7%. If they were then that would mean there is only 2,800 people including dependents waiting for greencard in eb2 prior to April 2004.




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  • oguinan
    07-09 01:04 AM
    For some postal destinations the USPS offers guaranteed 2 day service. I recently mailed a package where this service was offered. The postal worker explained that if the package was mailed on a Friday, it would be delivered on Sunday. San Francisco, CA is one of the destinations where this service is offered and the package in question was, indeed, delivered on a Sunday.

    You should check whether the postal service offers the 2-day service to the USCIS office.

    United states postal service. My lawyer sent it on june 29 and to this day it's a mestry to me how it was delivered at 10:10 pm at night. I did not think anybody would accept it. BUt if they were working on 25000 in 48 hours. The only reason i think they took it is to finish the number of visa available.
    still It does not mean anything ... they can reject it.




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  • GCapplicant
    03-28 12:24 PM
    Yep, I want to predict what USCIS may do,,, not what I want USCIS to do :)

    The priority dates or per country limit does not matter for USCIS right now. My prediction is USCIS currently must be working on the following reconciliations in order to avoid duplicating visa numbers and wasting visa numbers. Unless USCIS have the correct number of visa requirements, the dates will not move forward.
    Reconciliations
    1. Converted or converting cases from EB3 to EB2
    2. Two Sets of applications from the same family ( Husband and Wife)
    3. I-140 from multiple employer for the same applicant (Both Hunsband and wife).
    4. Two different Alien numbers.
    5. The cases stuck in the name check and realased becaues of 180 days memo

    Once everything is sorted out...its going to be one click away for USCIS to adjusdicate the cases. If DOS moves the dates before USCIS sorting out the above, they are inviting a law suits or Mandamus writ due to outside of processing time. Now USCIS is having breathing time by keeping the priority date backward. Probably, after all the reconciliations, unused visa numbers may be recaptured

    The above is my assumption for visa dates are not moving forward.




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  • beautifulMind
    10-08 12:40 PM
    What about people who were stuck for years in backlog and then got laid off and could not port their priority dates. I know a few who come came to US in 99 and now have a priority date of 2007 with a new employer....It should clearly be based on number of years of stay in US or expereince



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  • Alabaman
    05-02 12:13 PM
    This might be too early but something that I notice that is missing is the ability to be able to Self Sponsor for Green Card instead of having to be at the mercy of employers.




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  • amitjoey
    11-17 03:47 PM
    Some of us have established contacts with our local congressional office staff and built a rapport. Should we send those contacts an email with this text?



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  • mygc2006
    08-28 09:53 AM
    filed aug 3 2008 card ordered aug 26 2008

    CONGRATS acepb.... that was pretty quick ......




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  • tonyHK12
    02-15 11:17 AM
    cheers mallikonnet, desixp
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  • senthil1
    03-09 02:44 PM
    Actually everyone should get copy of the receipts from DOL or INS whenever company received and also they should communicate to the lawyer every 3 months to get the status. Atleast the errors due to company or Lawyers should be avoided. One may not have much control after it goes to INS or DOL but persons make sure that everything filed properly. Some lawyers promtly send copies of all the communications both inbound and outbound. That will give gc applicants chance to review the various process and they can try to correct if any discrepancy or errors


    Guys everybody has a story, in my area Labors were getting cleared in less than 1 month in mid of 2003. When my attorney filed my labor and we didn�t hear on it for 3 months, my Attorney called up the local labor dept. they told him that the person who used to do foreign labor certs met with an accident and is on extended leave, It took 13 months for the local office, by that time BECs were born, retrogression�..




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  • nousername
    02-02 01:14 PM
    Minimalist....
    First off, do not generalize H1 to IT industry only.. Trust me, Indian are present in other fields also and they are doing well there :)

    Now about your comments, so I guess you truly believe in jungle raj.. Basically, do whatever you think benefits you.. Forget about what other people might need. May be you don't understand the mean of "society" and what makes humans different from animals. Sad, very sad..

    About your example, I hope that does not happen to anyone but if it does then yes the employer should pay for the return flight back home but please do not mix two separate issues.

    Anyway, I do not think I need to waist any more time with you because you fail to understand the underlining issue.

    Good luck with you immigration because that seems to be the focus of your life.

    nousername,If your would-be employer had sponsored the visa,it got selected and then he has to not hire you on Oct1st because of his business not doing so well, what would you do?

    Ideally your employer should rescind your offer and buy you a ticket back home.
    But in the IT industry, that is the reason most people still work with desi employer, even thouh they know that they will be taken advantage of.

    Is it illegal? Yes. But there is a risk for the people involved.

    Also, when someone tries to land H1 for the first time, it is really tough to find an employer who can apply 6 months in advance.Most american companies don't even go through the hassle unless they are hiring for non-IT positions. Then you have companies like Infosys who apply in bunches and keep them ready for the business they are expecting in future. Try and argue with them that they shouldn't do that as many people who have jobs lined up right now will not get H1s.

    In my opinion most people who are on H1 n IT with american companies, either got in there via OPT- H1 or H1 transfer.

    You gotta do what you gotta do. If you keep thinking about all deserving people,you would never take a step forward. At everypoint in life you will have certain options and every option woul cause some or other discomfort. Unless you are involved in clearcut criminal activity, everything else is fair, in my opinion.



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  • trueguy
    03-10 12:00 PM
    Lets not listen to negative people here and instead come up with a plan. Nothing will change unless we act upon it. I have seen these negative comments every time somebody come up with a plan for EB3-I. Unfortunately most of these negative comments are coming from EB2-I people.

    Lets come up with action plan for EB3-I and we will send it upto Mr. President. I am sure they will listen to us someday. They are busy not deaf.

    Thanks.




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  • chunky
    09-28 02:40 PM
    Lud can only be checked by receipt notice. I was referring to LUD on pending or aprooved 140 Quick question...how can we check LUD wihtout receipt notices...is there any way? please suggest.



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  • Jerrome
    08-15 11:55 AM
    Documents Mailed : July 17th 2008
    Documents Received : July 18th 2008.

    EAD Approved on August 14th 2008 for me, For my spouse still pending. My EB2 PD is current.

    it means no luck this time for GC, i guess




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  • gxtrader
    09-06 03:24 PM
    My Aug 1 filer friend got his already....

    ....Aug '06 that is ;)



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  • h1bmajdoor
    07-08 05:01 PM
    That is why it loos like there is a law that limits the # of AOS applications submiited in addition to the GC #'s that can be allocated: two completely different concepts.

    AFAIK when you file the A number is allocated. That is the "visa number", and it comes from the country/EB quotas.

    once that is exhausted for a country/EB, you have to wait.

    it is not the CIS being mean. That is the way the Congress wrote the law. CIS is just enforcing it.




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  • mirage
    03-16 11:09 AM
    They recaptured unused Visas once, somewhere in 1997 I'm not sure exactly when it happened, but that took care of the backlog then.
    The main thing which we are struggling with are the 200K H1B between 1999 & 2001 and one more reason is 245i cases. In the year 2001 Clinton Administration gave Amnesty to Illegals, they were given opportunity to file their 485s with PD of April'2001...Now this is controversial, as I have even asked few lawyers about which categoy they fell in ? Some says 'EB-3' other says 'Other Workers' Category.
    If it is EB-3 you know the answer why the dates haven't passed the big hump of 2001 in last 4 years...
    Good discussion.
    But even if it was 65000, from India, I'm sure most of them took a big slice, lets say 30%= 20,000 H1 visas. And did the 7% quota formula might have existed at that time too. If so, even then there must be quite a big line. Why were things current at any point, they must not be going by these numbers, and even assuming they did the processing without visa losses.



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  • midguy
    03-26 12:08 PM
    Hi All,

    just want estimate and plan ....my PD is 16-June-2003 EB3 India. When can my date will current.

    Thank you.




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  • bbct
    02-12 12:22 PM
    If you have h4 stamp in your passport , you can go out of the country and comeback in and you would be back in h4 status. Short of that I don't see any other option. Ohers please chip in with your ideas.

    Once your new status is approved you cannot go back to any prior status. Even if you have an unexpired H4 visa stamp in your passport, it becomes invalid. You would have to get the passport stamped again at the US Consulate.




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  • pitha
    07-08 11:08 AM
    no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.

    If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.





    It gets interesting. Doesn't it? Even if the court agrees that this is a fiasco and would like to compensate the beneficiaries by allowing us to file for 485, it would be in direct violation of the law that " there must be a number available on the day of filing ".We don't have any numbers. Do we? My point is, will a judicial system go out of the box and allow us to file when there are no visa numbers available? The only way is get numbers and make every one file and the only way for that is to undo what the USCIS has done in the last 2 weeks of June. Just my thoughts. I am ready to take anything positive out of this because I have least hopes pegged on the law suit.




    psk79
    09-12 02:48 PM
    I am in exactly same boat, with no idea about my pending application.
    Absolutely hate this feeling.

    Don't worry! It will soon be up. Its just where your app is located in the stack of stuff.. I worried so much until a couple of days when the checks are cashed..however no receipts yet...its just crazy..some spouses got EADs while principal applicants status is still pending...




    gc28262
    06-28 11:35 AM
    desi,

    All the points you mentioned are valid and sensible from a business perspective.

    However if someone takes the company to court based on "Immigration Reform and Control Act of 1986" vs hiring an H1B, how can the company legally defend itself against this law ?



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