Sunday, June 12, 2011

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  • jungalee43
    02-16 03:11 PM
    I did some research on murthy.com and found that AC21 did abolish 'per country of birth quota' on recycled numbers. I am posting a link to this murthy.com article of Oct 6, 2000 which clarifies the issue.

    http://www.murthy.com/news/UDh1det.html

    If the link fails I am reporducing the paragraph here: -

    Major highlights of ACTA are listed below :

    Per Country Quotas for Immigrant Visas

    "Under Section 104, with respect to immigrant visas, the per country quota, which has been adversely affecting those from China and India and which the U.S. State Department had stated could possibly affect those from the Philippines in the near future, may have been resolved with this Bill. It has always been the case that not all of the available immigrant visas were issued, since most countries did not have enough applicants to use the total available. ACTA provides that if the INS or the U.S. State Department does not issue all of the immigrant visas that should be issued in that FY, the unused immigrant visa numbers should be made available to all countries without the per country quota limit applying."

    Retrogression started as the recycled numbers are no longer available and with that country quota showed its horrible effect. It is clear guys we have to concentrate our energy and our thoughts on this quota. Quota on the basis of "country of birth" on talent or skill needed is really hard to explain and we can have good logical arguments to support its abolition.




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  • sdrblr
    10-07 10:59 PM
    Since they came to your work location, can you not contact your HR/ Payroll dept and get the payroll journal?

    How can they come to your desk randonmly and ask for pay stubs? Nobody carries paystubs to work everyday.Are these raids authorized by USCIS. Is there a memo that mentions this from USCIS.




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  • nixstor
    12-04 10:34 AM
    What's happening now is diff from what you would like to / can do to change it? If you were being sarcastic to the OP, thats so weird. If you were serious about your comments, You gotta ask yourself "What the hell am I doing here"?




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  • bigboy007
    12-10 02:20 PM
    I dont know i can try making it "superset" of what my GC Labor is that way it adds to what they have already its a bigger company btw so hassles in these issues are expected but what is the procedure in intimating USCIS many said no it but where does this Employment verification letter come in to picture.

    Check with the new company whether they can give an Employment verification letter which matches the roles mentioned in ur labor?
    Designation and pay doesnt matter.

    What matters is a permanenet job offer letter and duties should match the
    labor.

    Rajesh Alex



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  • msingh
    06-12 09:06 AM
    Hi,

    While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.

    Now what are my options going forward and how does this affect my chances of a successful PERM filing ??

    I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).




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  • Vsach
    07-01 12:50 PM
    Dear ALL,

    Please share the insights, my son will start applying soon.

    Thanks



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  • seeking_GC
    07-19 03:35 PM
    Thanks for ur reply..anyone else has any input on this??




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  • admin
    06-04 06:44 AM
    The Heritage Foundation is a powerful Conservative Think Tank based out of Washington DC.

    More at http://www.heritage.org



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  • JazzByTheBay
    07-11 11:51 PM
    Well, I meant in the light of these new details coming out about visa numbers actually being available as claimed by "knowledgeable sources", and also in the light of the *kind of* questions being asked by Zoe Lofgren.

    Just read the Ombudsman's report today - though I'd heard about these facts floating aroiund...

    Not claiming to make some new discovery here... merely stating that it kinda makes sense now.

    Sorry to start a new thread about this.... listened to Rajiv Khanna's recorded conf call and apparently he's not very hopeful anything will come out of AILF's class action...

    jazz


    When you were Jazzing, everybody already spent time to know this...a month ago.. Anyway welcome to the party... "Der se aye Durast Aye... welcome :) :)




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  • himu73
    06-21 01:04 PM
    Hello,
    I dont see how they can ascertain whether case is complicated without opening it and doing some analysis. It would be only possible if they just hang a case in between after they open it or else one way is by weight (joking).
    They might have a weighing scale and lesser weight of the application simpler it is (HAHAHA)

    we can only guess

    i would assume cases that are not substitute labor, porting priotity date, cross chargeability, clear birth certificates, clear employer verification letter, no namecheck issues, no fingerprinting issues, etc



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  • anil
    06-15 10:28 AM
    Gurus,
    One more confusion, guess I'm confused a lot now:confused:

    Can I apply I-485 for my wife whose change of status application from H1 to H4 is pending with CIS?

    Thanks a lot!




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  • hpandey
    01-21 12:26 PM
    1. It has nothing to do with immigration (unless you factor that "chinese mother" is an immigrant), which is why this thread is on interesting topics.

    2 and 3. I had not even heard of the article until today and told the same to my doc. She brought up the topic because I am Indian.

    4. Personally, after having read it, there are a few things I agree with the author and there are many I don't.

    BTW, I had not read the CNN story either. Many of the things that I did not like in Amy's article are addressed in the CNN story!

    Here's more critics who " love " her style of parenting ...

    http://www.nytimes.com/2011/01/20/books/20book.html?_r=1

    who the hell leaves their 3 year old out in the cold .

    And btw how much she is Chinese is up for debate since she grew up here and can't even speak Mandarin... ( from the article )



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  • obelix
    03-02 06:54 PM
    Regarding "New Scenario - Seeking second opinion"

    Couple of things to consider...
    1) You need to be present in US at time of applying for the extension and when its approved. In your case I think with travel coming up in June, you probably need to go premium so you have approval in hand my April end. Regular processing takes about 2-3 months I think.

    2) You can only go 90 days in advance of your new/extended approval as far as I know. So you need to see if that matches when you plan to go for stamping.

    If in similar situation I would probably do what you are planning. It adds some anxiety with both wedding and consulate visit at same time, but once past that it will make life little easier.

    Thanks Jvs.

    I would definitely go for Premium as regular doesn't make any sense for me. It has very unpredictable time-line and also when the new H1B filing opens on 1st April.

    I was not aware of 90days visa stamping rule. I'll look into this further and check with local consulate in India.

    I agree - it's pain when one is going to one of the most important change of the i.e. marriage. But, I think life would be lot easier once one get these things done together. I think it can help a lot in planning things and reduce few uncertainties.

    I've already started working on docs. and hopefully I'll submit in the first week of April.

    Thanks for your input again. I really appreciate.




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  • marlon2006
    06-13 02:49 PM
    Hi Renata,
    I am from Brazil as well. My PD is April 2002. This cut-off date is making my professional life miserable. My wife questions on whether it is worthed the wait or we should just go to the South in Brazil and enjoy professional freedom there.

    I hope that the potential unused visas from EB2 World can get transferred to EB3 World in October. Also, who knows perhaps the visa numbers on October 2006 can make our dates advance to 2002 ? Let's see, but in this process, nothing is certain. The only thing that it seems certain is that USCIS/DOS made a remark that advancement in cut-off dates should slow down or even retrogress further this Summer. Gloom scenario.


    Hi camberiu,

    my PD is November 2001 and we are hoping that next bulletin will get us there. Keeping our fingers crossed. I am from Europe and my husband from Brazil (on H4 and probably the only unemployed software engineer!!!!!) We cannot wait to file and get his EAD! Good luck!

    Renata



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  • kirupa
    11-24 04:45 PM
    On the home page I see 3 Flash and 3 SL-based tutorials that were added recently. Sounds really biased to me.

    I have no interest in fragmenting the site by covering new topics that are less designer focused and more for developers. If you want to submit a tutorial, make sure it is Flash CS4 or Expression Blend (WPF / SL) related. Otherwise, I will more than likely turn it down.

    :nerd:




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  • danu2007
    08-21 09:26 AM
    Congratulations.:)



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  • rc0878
    09-23 10:35 AM
    I think as far it does not say unknown, we should be good....but still we should atleast discuss this wit our respective attorneys and post our findings in here.

    BTW, mine is blank also.



    To answer your question the Priority date column is NULL ( i mean blank) for most of us in 485 Receipt Notice.

    But the "Section : " is showing UNKNOWN for some of us and showing something else for others...

    I'm wondering if that could be an issue - shall we call USCIS to fix this ?




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  • ufo2002
    09-01 06:02 PM
    The testimony only goes to show how much MORE incompetent USCIS is going to become if CIR passes... 35 million applications + more!!!!
    Why bother with paperwork, wave some hands and declare all of them legal.




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  • MahaBharatGC
    10-16 03:03 PM
    1. It goes to the mail room and stamped on the date it was received.
    2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
    3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
    4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
    a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
    b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
    c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
    d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
    e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.

    Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.

    So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.

    Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?

    God save us.
    ---------------------------------------------------------------
    All at NSC
    EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
    EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
    I-485 : 7/24/2007 - Pending
    ----------------------------------------------------------------

    This is very interesting to read actually than visualizing the process ourselves. Thanks to you and for your sources of info. just one quick clarification. In your 4 a) point:
    ***********
    a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
    ***********

    What is considered to be inconsistency? Does H1B renewal, EAD renewal, AP renewal or travel considered a flag to be a probable inconsistency? Does changing employers by using AC21 provision or H1B transfer after filing I-485 considered to be inconsistency?




    pd_recapturing
    08-22 04:11 PM
    I have not done AC21 yet. My join date is September 2nd. I am kind of planning to not file AC21.
    Is your current employer supportive with respect to revoking 140 ? It looks like, you are doing H1 not using EAD ?




    logiclife
    07-07 02:17 PM
    My lawyer only asked for last one year's W2 and no paystubs at all.

    Paystubs are desired but I dont think USCIS bother to look at them if you send them. If you have some issues with your status and your I-94, then that might raise more questions and they may ask for more W2 and more paystubs.

    But for the begining, just one W2 is enough. If you are filing this year, send the 2006 W2. That's it.



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