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  • eb3India
    04-13 11:19 AM
    May Visa Bulletin is out. EB3 ROW and Philippines seem to have moved by 1 year.

    "Recent discussions have indicated that both the Citizenship and Immigration Services (CIS) and the Department of Labor still have a significant amount of cases in their backlog reduction efforts. As a result, the anticipated increase in demand has not yet materialized and may not for some time. Therefore, in an effort to maximize number use under the annual numerical limit, the Worldwide and Philippines Employment Third preference cut-off dates have been advanced by one year."

    good atleast something is moving,

    congradulations ROW and Philis





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  • Jimi_Hendrix
    12-04 06:49 PM
    this sounds more like, "Ok so you say the glass is half full, why is that great now?"

    It is a feel good factor; you still want to be cynical, go right ahead, no one can take that away from you.

    Yeah I get that the money will be transferred from the Social security system here to the Indian Govt system.
    My point is it does not do a damn thing for us workers personally. That money will dissapear into a dark hole in the Indian Gov't coffers instead of a dark hole here, further as the rules stand, I have a slim chance of getting the money from here through social security payments when I turn 65 even if I am in India. Try that within the money in Indian gov't hands.
    On the other hand, it makes the Indian gov't allign with corporate america, as they all have a vested interest in a Temp. worker program such as H1b absent green cards. Which will be a win win for all concerned except us.
    So I repeat my question..................Why is this good again?





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  • gsc999
    09-09 06:54 PM
    Though the website says sold out, I called just now and got a queen room for 109+tax for one night 17th. Thanks for the help.
    -
    Sure, I modified my booking from one bed to two incase some one still needs a place to stay. You ar always welcome.

    Infact, the group rates are even cheaper. We could get two double beds for $105/night





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  • mimine
    11-03 11:17 AM
    I'm getting my bag of M & M's and box of Kleenex tissues ready.

    I actually stopped crying about it but I definitely think USCIS should send us Candy coupons to make up for the wait. :p



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  • sanbaj
    07-23 05:36 PM
    Hi Sanbaj,

    Congratulations for getting your GC !!

    What were the PD's on your two I140's ? Were you able to port the PD of EB3 to EB2 ?
    Both were EB2 from the same company. PD on one was Oct/2006 and the other was Feb/2002.





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  • GCard_Dream
    04-13 11:27 AM
    Well .. there you go. When I predicted few weeks ago that there will be a big jump in the priority dates, some of us came up with big speeches about how that thread was a big waste of time and the thread should be closed. The thread in fact was closed without any explanation. It appears that there has been several occasions where moderators are just closing the threads without any explanation.
    http://immigrationvoice.org/forum/showthread.php?t=3820

    Here is my suggestion.. don't close the thread just because you can. At least give some explanation as to why any thread was closed. I know there are threads that talk about personal issues faced by members and if that's not acceptable then all threads dealing with personal issues should be closed.

    What amazes me is that person closing the thread doesn't even want to mention his/her id. What a shame ..



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  • vin13
    06-25 03:39 PM
    Source:washingtonpost.com (http://www.washingtonpost.com/wp-dyn/content/article/2009/06/25/AR2009062501914.html?hpid=moreheadlines)

    Just hours before President Obama hosts lawmakers for a discussion on immigration at the White House, Chief of Staff Rahm Emanuel conceded that Obama and his allies on Capitol Hill do not have the votes to pass a comprehensive reform bill.

    "If the votes were there, you wouldn't need to have the meeting. You could go to a roll call," Emanuel told reporters during an hour-long breakfast.

    About 20 senators and House members are due to arrive at the White House at 2 p.m. for the discussion in the State Dining Room. Aides to the president said the meeting was intended to "launch a policy conversation by having an honest discussion about the issues and identifying areas of agreement and areas where we still have work to do."

    The president will announce administrative actions that the White House has already taken to chip away at the issues, including a modernization of computers that allow people to quickly see their immigration status. Officials said the White House hopes to begin the more controversial debate over a comprehensive approach to address illegal immigration later this year.

    But Emanuel offered reporters a more realistic assessment, saying that while it is "not impossible" to get immigration reform done this year, it is more likely to be pushed off.

    "It's not impossible to do it this year," he said. "Could you get it in this year? Yes. I think the more important thing is to get it started this year."

    Responding to a question about the political implications for Democrats of delay, Emanuel said, "It's better that it happens politically. It's also better that we continue to focus on improving the economy."





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  • hopefulgc
    06-02 09:23 AM
    Most status related issues are wiped off after a travel outside US.

    What I would worry about most is if any misrepresentation was made to USCIS as far as status goes. Years later or even during naturalization, one's could face audit and possible revocation of an approved application.





    I have a similar question that has been bugging me for some time and hasn't gotten a clear answer. Here is the details and not sure if there would be any problem to I-485.
    1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
    2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
    3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
    4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
    5. After delays received SS card in March' 06.
    6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
    7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
    8. Continuous paychecks since jun '06
    9. Haven't traveled abroad after getting H1B approved.
    9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.

    So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??

    Also, it says on USCIS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.



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  • chanduv23
    04-14 12:31 PM
    Customer service opened SR and sent to local office. Got letter from DHS (3 weeks back)that they researched case and are actively processing it, also if I dont get any correspondence with in 180 days contact them.

    Till date I did not get any letter saying that case has opened. Will it help if I take Infopass and go to local office. Please advice.

    Interesting. Talk to congressman and senator - talk to IV - IV also helps in these situations.





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  • gc_on_demand
    11-03 06:05 PM
    It is high time, we support this initiative from Senator Menendez.

    http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/1624351-bill-s0185-active-again-please-call-your-senators-for-support.html#post2013464

    "It seems that the bill S 1085 (the Reuniting Families Act (RFA) has become active again. I received e-mails from Senator Menedez and Senator Lautenberg talking about the bill. Senator Menendex mentioned the recapture employment-based visas that haven't been used in past years so that they may be used in future years. Among other things, he also mentioned that he will continue to address the concerns of employment-based visas in the context of comprehensive immigration reform. He is the sponsor of the S 1085 bill.

    Senetor Lautenberg mentioned "Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.

    A bill has been introduced in the Senate that would address some of these delays and caps. The “Reuniting American Families Act” (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total."

    It seems that Senator Menendez is doing a lot of work to bring relief to all immigrants including employment based. It may be brought in the lame-duck session in December.

    Please call your Senators to co-sponsor/support this bill."


    Check it out :

    http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/1624351-bill-s0185-active-again-please-call-your-senators-for-support.html



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  • eager_immi
    06-19 08:49 PM
    Just suck it up and go for it. It seems unfair but that is a fact of life. Think about what is 5K in 5-10 years time, once u get GC you and ur wife can get better paid jobs and make up for it.

    I guess most of the folks here are busy preparing to apply for 485. I have different problem here.

    My employer's attorney is charging me outrageous fees of around $5000 to
    apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.

    Do I have any other options. How much do they charge usually.





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  • reddysn
    05-29 06:15 PM
    ramus you got good sense of humor man ....I could not stop laughing ..

    After reading this I am not sure if I can ask you send web-fax..
    Thanks.



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  • enggr
    09-28 01:47 AM
    I thank everyone for taking interest in my case and giving valuable advices.

    Yes, the lawyer should have checked this and filed on EB3 to begin with. If he had suggested a potential hindrance like this, I wouldn't have agreed to file the case under EB2. The way it happened was, employer and attorney requested all my details and decided to go with EB2. I didn't even know the complete requirements of EB2 at that time as I had a belief that EB2 is only for Masters degree. Because the employer + attorney recommended EB2 I signed up for that.

    I have requested my employer to start a new PERM as soon as possible.
    I am very much looking forward for interfiling my old I-485 with the new I-140. My attorney is saying its not possible. (Maybe he's very less experienced in these matters).

    "during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485"

    Can you please shed some more light on that so that I can argue with my attorney. Any links regarding this would be really helpful. Any piece of information/case history would be helpful to argue with my lawyer.

    AkhilMahajan,
    The university gives different marksheets for supplementary exam. There's a consolidated one too.

    insbaby,
    You are right. EB3 is the safest one. I never tried to take advantage of EB2. The whole mistake was due to improper knowledge from my side about EB2 and wrong evaluation by the attorney. I am looking for all ways to convert this case into EB3. My attorney is saying that we can't file a new I-140 under EB3. The only way to continue this case is to request the EB3 conversion as part of the RFE response. Then, INS should agree to the change in a return letter which can be followed by the I-140 application amendment or new I-140 application.

    quizzer,
    The I-140 filing date was Nov 2006.

    Ramba,
    You are very correct. I have requested my attorney to change the category from EB2 to EB3. he said it can be done only as a formal request during RFE response. The attorney has requested my employer to modify the job requirement from EB2 to EB3. I think we are safe at the labor certification as it doesn't ask progressive experience. Labor is asking for Bachelors degree and 5 years of experience which I have. I have no plans to move out of H1b until I-140 is approved.

    cnndwag,
    I didn't run away. Today I was running behind my attorney and employer to save this case under EB3. I didn't fake my experience as I finished my course well before starting my first job. IO caught the discrepancy which should have been caught by my attorney long before. Just to re-iterate I never tried to expedite the process by filing under EB2. In fact I was ignorant about EB2 till the case was filed.

    Dreamworld,
    I am very disappointed by the law you mentioned
    "PERM does not allow to change from EB2 to EB3"
    Can you send me some links to read more in this respect? But fact is a fact. I appreciate you pointing out things like this.
    One of my friend tole me yesterday to request DOL (dept. of labor) to request for a reclassification which should come in 3 weeks. But my lawyer said that classification doesn't happen at labor level and all it matters there is what is specified in newspaper ad and labor requirement (bachelors and 5 yrs exp).





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  • texanguy
    05-15 11:39 AM
    I think calling your university presidents and asking them to show their support for these bills would also be a very good idea.
    This bill will encourage pursuit of higher education in US by foreign students in a significant way.

    Right now for all bills that Zoe proposed there are max 19 co sponser for this last bill. DID you check for STRIVE ACT 2007 which had 78 co-sponsers still could not make it to floor.

    We need to call these lawmakers and educated them on these bills.

    Chances are less but our investment is not that big. Few minutes in a day to call or write.



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  • icecolor
    02-12 07:42 AM
    You need to file form 4852. That is super easy and I have filed it once.
    There are no problems with that whatsoever.

    You employer cannot pull a single hairstring from your head. So do not worry about the legal notice. That is all bull. He is probably worrying day and night about the DOL complaint you made.

    What you need to, further, is go to the local IRS office and talk to one of the employee about not getting your W-2. Not providing a W-2 is serious issue.





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  • immigrant2007
    07-16 11:08 AM
    Over 60% of the US and 90% of Arizona supports the law they passed.
    The same 60% or more people in the US support the cause of solving the immigration system.

    Obama and his Attorney General are doing the wrong thing by interfering with state politics.
    As for the Arizona law, immigration issues fall under the federal jurisdiction - so it is the State that is interfering with the fed agency.

    How can these high ranking officials tell state law enforcement NOT TO enforce laws?
    The Fed is going after the law itself - and arguing on its unconstitutionality. Enforcing a law that is unconstitutional is not right

    The Supreme court will favor AZ even before the case starts. Slam Dunk.
    Lets wait and see!!


    1) Please update your profile.
    2) It's sad that we are getting GCs at the expense of people of came here illegally. Our efforts are held hostage by both parties (It's simple), One party wants to win votes of one group and the other wants to wins votes as well of a different group. It's not about "DOING THE RIGHT THING". If it was about "DOING THE RIGHT THING" there would never had been a backlog. Backlog elimination center was created just to put some cases on hold and clear cases of 245i applicants (USCIS will never allow us access to that data)
    3) DOING THE RIGHT THING....why unequal penalties of the parties who break the immigration Law. All punishment is directed towards the employee. EMployer only gets fine. Make punishment stricter for employers, (hit them where it hurts most, jail them and shut down their business)there will never be any illegal immigrant getting jobs. there whould be equal punishment for both.
    4) Why this doble standard when it comes to immigration. why don't people oppose when jobs are transferred in name of outsroucing or shifting production to cheapr countries? Anti Immigants are biggest Hypocrites ever and Pro immigrants are not representins immigrants properly. No one focuses on the injsutice done to legal aliens.
    5) I am EB3, I followed Law, I am in backlog because Govt did not process the cases in 2001 , 2002, 2003 in time and created a backlog and I resisted the temptation to break laws and buy Labor substitution AND I openly say that I oppsoe illegal immigration and amesty to illegeal immigrants (and I do feel sorry for them. god bless them they deserve a better life).
    I am one of those who need Immigration reform immediately. Justice delayed is jsutice denied (rest is all face saving).



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  • desi_voice
    04-16 02:22 PM
    Hi aroranuj,

    US considers 16years of full time or equivalent of full time education as Bachelors degress(12yrs school + 4 yrs college/universit degree). Even Indian Bachelors of 3 yrs(12yrs school + 3 yrs coll/Univ) is not considered to be equivalent of US Bachelors.

    From what my attorney told me,

    1)16yrs of education(US Bachelors)/Indian 3 yr bachelors & 2/3years of Masters + 5 years experience qualifies for EB2 category.

    2)15yrs of education(India Bachelors) + 5 or more years of education qualifies for EB3 cateogry.

    3)Not sure of Diploma


    You have said you have 3 yrs diploma + 1 yr bachelors, I assume your total years of education is 14 yrs(10 yrs school + 3 years diploma + 1 yr bachelors/coll/Univ). This not even equivalent of Indian bachelors, you can substitute your job experience towards educational years. But I do not know whether that can be done for Diploma.

    What I have said is my opinion, personal view, please do not construe this as legal opinion. I suggest you consult a good education evaluation companies like Trustforte, Mulinational Education & Information Services to find whether your case will qualify for EB3.





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  • InTheMoment
    08-15 02:42 PM
    Two things I would like to mention here:

    First, a possibilty of an RFE for your laetest Employment Verification only arises when certain red-flags are raised. Among them are:

    1.) Address on file (which has changed after filing I-485) is in a different state from the place of employment. Now I am sure the officer knows that DC and Virginia/Maryland or NH and MA are different states but still they can be daily commuter workers sou could be spared.
    I have seen more than a bunch of folks getting RFE's for this specific reason.

    2.) Long time (upto the discretion of the CAO..but I feel it is more than 18 months) has passed since the I-485 has filed.

    3.) Any other history of excessive job-hopping.

    Please pitch in if you know any other substantive reason.

    Second,

    For the job description from the new employer: I would say put whatever the new employer says but make sure ...for sure to copy paste two related sentences from your old job desc. into the new one to be the first bullets in the description.

    I had changed jobs using AC21, used EAD, moved to a different state (5-6 states apart, i.e not a daily commuter) had a slightly different job title. Oh I was so sure that I would get an RFE ...I made sure I sent the AC21 docs against the advise of my attorney (he wanted CIS to send the RFE, made no sense as that would have literally wasted time and my money ;))...and did all the things that I just said about the new EVL...and got the I-485 approved without any issues.

    Go ahead and make the best of AC21!:)





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  • sanju
    10-22 12:59 PM
    Here is an example of two-dimension thought process for a very complicated situation. Its implies if your political views do not align with mine, you are "anti-america" or another way to say this is, if I don't like you, you are wrong. Just trying to give some perspective.


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    FinalGC
    01-05 12:07 PM
    Hi FinalGC,

    What is your defintion of a large project ? How much budget/people/schedule etc should we use for that definition.

    I would say it depends from organization to organization. The way I have seen operating in the industry, one could consider a project large if it has a $1 million budget or more. However, organizations could also consider a program with mutiple small projects with a total budget value greater than $1 million as a large project, where the PM may handle mutiple small projects which will cumulatively have a budget greater than $1mill.

    This is also one way to justify the need of a PM.

    What is the budget of the project is one of the questions that a PM should ask during an interview, so that he/she will know the stability of the project and its longevity.

    Hope that helps.





    alterego
    12-14 07:00 AM
    In the case of this guy. I can't fault him/her for taking up this option. None of us can. After all, he is playing by the rules right?
    That we are affected does not matter here to the authorities. Why? Once again I ask you guys to realise that this immigration system is here to serve the employers, not you or me. That is why they can justify this.



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