nixstor
07-07 06:24 PM
Condi Rice burshed the question about the DOS and USCIS fiasco. Bill CLinton has rightly said recently ..Law is minor obscacle for this administration.
I missed it. Any links to the video?
I missed it. Any links to the video?
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Harivinder
05-15 11:58 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.
I think this is a good idea. All US graduates should Email or fax there University Presidents. As we know congress does listen to the education industry. All IV members graduated from US universities should contact there respective university presidents.
This bill will encourage pursuit of higher education in US by foreign students in a significant way.
I think this is a good idea. All US graduates should Email or fax there University Presidents. As we know congress does listen to the education industry. All IV members graduated from US universities should contact there respective university presidents.
JunRN
08-22 11:22 PM
Eb3 will definitely retrogress by about 2 years. Maybe back to June 2002 or 2003.
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Devils_Advocate
07-22 11:34 AM
u know what i think, doggy, doggystyle and devils_advocate are all the same person, or they are anti-immigrants who are teaming up. admin may want to look at them closely... i would.... others can keep an eye on these guys too....
u know what i think, you're a paranoid schizophrenic ( having someones else name doesnt help your cause either:p )
I think Pappu has had enough correspondence with me to know whether i am an anti or an anti-exposer :)
I seriously think you folks need to get a grip over yourselves, it quits being funny and turns ridiculous after a while.
u know what i think, you're a paranoid schizophrenic ( having someones else name doesnt help your cause either:p )
I think Pappu has had enough correspondence with me to know whether i am an anti or an anti-exposer :)
I seriously think you folks need to get a grip over yourselves, it quits being funny and turns ridiculous after a while.
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vinzak
12-21 12:07 PM
The only time I have had to deal with the Houston Consulate (or any Indian Consualate in the US) was last year when I needed a new/renewed passport. Sent it by mail and received it back in 1 week. I really can't complain since it's the best experience I have had with any consulate.
I applied for a UK visa, and they stuck someone else's visa in my passport. To call them, there's only a paid line for 99c a minute, even if it's their fault. And I was put on hold for 15 mins.
Applied for a Canadian visa, 3 mnths in advance of my trip. When I asked after 3 weeks, they told me pretty rudely that of I enquire about the status, it'll take even longer to process. (This is a tactic I would love to use with my boss whenever he asks about the status of things I'm working on) :) Finally processed it in 2.5 months. This was a simple single entry for 4 days.
Applied for a schengen visa(Germany), they took 3 weeks to process a simple business visa. Sent back my documents saying that I didn't have coverage for repatriation of corpse should I die in Europe, even though my policy clearly had it and this was verified when I presented the documents in person at the consulate. Schengen countries demand that you apply in person, because they want to make sure you have the face for going to Europe.
I have a Dutch friend whose Indian wife took 3 mnths to get a visitor visa. This is because he complained to the Dutch foreign ministry when her visa wasn't done in 3 weeks. He was outraged that the wife of a Dutch citizen should be treated by his govt. like that. Oh well, they showed him.
So given all this, I would assume that all embassies/consulates are inefficient, simply because they are government workers who are not answerable to anyone and can't get fired. And they work in a monopoly.
Of course, we like to think Indian babus are either stupid, lazy, corrupt or a combination of the above because it's a mindset we have. But looking at how USCIS and the embassies above operate, I think Indians are pretty much on par with everyone else.
I applied for a UK visa, and they stuck someone else's visa in my passport. To call them, there's only a paid line for 99c a minute, even if it's their fault. And I was put on hold for 15 mins.
Applied for a Canadian visa, 3 mnths in advance of my trip. When I asked after 3 weeks, they told me pretty rudely that of I enquire about the status, it'll take even longer to process. (This is a tactic I would love to use with my boss whenever he asks about the status of things I'm working on) :) Finally processed it in 2.5 months. This was a simple single entry for 4 days.
Applied for a schengen visa(Germany), they took 3 weeks to process a simple business visa. Sent back my documents saying that I didn't have coverage for repatriation of corpse should I die in Europe, even though my policy clearly had it and this was verified when I presented the documents in person at the consulate. Schengen countries demand that you apply in person, because they want to make sure you have the face for going to Europe.
I have a Dutch friend whose Indian wife took 3 mnths to get a visitor visa. This is because he complained to the Dutch foreign ministry when her visa wasn't done in 3 weeks. He was outraged that the wife of a Dutch citizen should be treated by his govt. like that. Oh well, they showed him.
So given all this, I would assume that all embassies/consulates are inefficient, simply because they are government workers who are not answerable to anyone and can't get fired. And they work in a monopoly.
Of course, we like to think Indian babus are either stupid, lazy, corrupt or a combination of the above because it's a mindset we have. But looking at how USCIS and the embassies above operate, I think Indians are pretty much on par with everyone else.
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Suva
07-14 11:33 AM
Your spouse applied for H4/H1? Which one?
Thank you very much Dinesh for this. Currently my spouse's passport is stuck in the same place for god-only-knows-what reason. The embassy staff said they are auditing every 2nd-3rd application. We have the AP but we were thinking that if we withdraw the H1B application, the embassy people might stamp the passport saying "Application Received" which sometimes can be a euphemism for "Visa Denied". I once got such a stamp when visa was denied to me.
Since we would then always have to keep explaining at every stage why we have that stamp, that's why we are sticking on with H1B delay. We have been given the same time-frames as you were.
When you withdrew your passport to travel on AP, did they stamp your passport with any text? Also could you please tell us the procedure you followed to withdraw your passport and whether you could collect it in person? We have been asked to email the US Embassy for withdrawing from our H1B application.
Thanks buddy.
Thank you very much Dinesh for this. Currently my spouse's passport is stuck in the same place for god-only-knows-what reason. The embassy staff said they are auditing every 2nd-3rd application. We have the AP but we were thinking that if we withdraw the H1B application, the embassy people might stamp the passport saying "Application Received" which sometimes can be a euphemism for "Visa Denied". I once got such a stamp when visa was denied to me.
Since we would then always have to keep explaining at every stage why we have that stamp, that's why we are sticking on with H1B delay. We have been given the same time-frames as you were.
When you withdrew your passport to travel on AP, did they stamp your passport with any text? Also could you please tell us the procedure you followed to withdraw your passport and whether you could collect it in person? We have been asked to email the US Embassy for withdrawing from our H1B application.
Thanks buddy.
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satishku_2000
06-24 06:18 PM
Once this Mela of accepting 485 is over ...looks like dates will retrogress to somewhere in 2003 or 2004 .. hopefully it is 2004
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Waitingnvain
07-17 12:22 PM
I think you might be getting stressed out for no reason vis-a-vis the job market. Most of the people applying (~500k by your estimates) are already on H-1B or L-1. The number of spouses getting EAD is another question.
Just imagine what will happen to the market flooded with EADs. Job market for H1Bs will totally be down. No US companies will hire H1Bs if they get somebody with an EAD. Tonnes of Junior developers and S/W testers will in the market driving the billing rates down even further. It's better to pack up and leave. I have heard from one of the forums here that an estimated 500K people will file this month since all PDs are current. EB-3 mexico + phillipines togther alone will be close to 300K. God help the Job market.
Also minimum wait time will be 500K/140K ~ 4 yrs before they get to process your GC. Add to that the time for namecheck backlog 2+ yrs. So total 6+ yrs before getting GC........
lotr
Just imagine what will happen to the market flooded with EADs. Job market for H1Bs will totally be down. No US companies will hire H1Bs if they get somebody with an EAD. Tonnes of Junior developers and S/W testers will in the market driving the billing rates down even further. It's better to pack up and leave. I have heard from one of the forums here that an estimated 500K people will file this month since all PDs are current. EB-3 mexico + phillipines togther alone will be close to 300K. God help the Job market.
Also minimum wait time will be 500K/140K ~ 4 yrs before they get to process your GC. Add to that the time for namecheck backlog 2+ yrs. So total 6+ yrs before getting GC........
lotr
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bigboy007
08-15 08:59 AM
Yes might be but Labor cert is not being part of list of docx that need to be attached even if ur 140 is pending as if you would have included I-140 receipt notice but in your case it seems better u do it rather feel sorry . But refiling in many normal cases wont help much unless if there is an issue in it.
I would not re-submit only for EVL, but it is important you review your entire AOS application set that went out to USCIS.
I reviewed the photocopies of our AOS applications and found a few omissions e.g. not including
1. EVL
2. pending I-140 receipt notice
3. Labor cert approval which would clearly show the priority date-- instead they put a wrong priority date in the covering letter.
I decided it is a higher risk to rely on such a messed up application!
Hence, I am working to re-submit our AOS. I asked that I review the entire application in advance this time around:) Thanks IV... I have come a long way because of YOU!
BTW a small issue I found on my family's AOS applications:
For my dependants... in Part (2) Application Type, I think we should check (b) my spouse or parent applied for....
it is currently (a) an immigrant petition giving me....
It was also (a) in their first set of AOS applications
Am I right in saying the checkbox to be selected is (b) not (a)?
Thanks!
I would not re-submit only for EVL, but it is important you review your entire AOS application set that went out to USCIS.
I reviewed the photocopies of our AOS applications and found a few omissions e.g. not including
1. EVL
2. pending I-140 receipt notice
3. Labor cert approval which would clearly show the priority date-- instead they put a wrong priority date in the covering letter.
I decided it is a higher risk to rely on such a messed up application!
Hence, I am working to re-submit our AOS. I asked that I review the entire application in advance this time around:) Thanks IV... I have come a long way because of YOU!
BTW a small issue I found on my family's AOS applications:
For my dependants... in Part (2) Application Type, I think we should check (b) my spouse or parent applied for....
it is currently (a) an immigrant petition giving me....
It was also (a) in their first set of AOS applications
Am I right in saying the checkbox to be selected is (b) not (a)?
Thanks!
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rockstart
04-21 09:23 AM
I really am not able to understand your education pattern
10 = Std 10th
+2 = Std 12th I assume
+1 = Is this the commerce 1st year?
+3 sounds to be your diploma right? now what was eligiblity for the diploma 10th or 12th? I am assuming it was 10? since it was 3 years course.
My friend I hate to be sounding pessimistic but your education might add upto 16 years but it is not progressive 16 years as required for a bachelors program, most of it is redundant. your +2 (12th grade) and diploma are overlapping. Your +1 is completely tangential to your course work. It is same as some one doing 1st year courses for 3 different strems example 1st year Science , 1st year arts and 1st year commerce and then claiming he has equivalent of 3 years bachelors course work completed and so he be awarded a bachelors degree.
Please dont feel bad. I do not want to give you any false hopes. Please consult some proffessional evaluators to check if there is a way they can make your education sound progressive but looking at USCIS response you pasted they have evaluated your diploma and cannot accept it as equivalent to degree program. Or saying I have 2 Masters degree so count it as equivalent to a PhD that cannot happen even if the person might have completed equal number of credits as PhD still it is at masters level and not at PhD level plus they are not cumulative which will be the most sticking out point.
I dont know who will pay for the MTR + refiling in case your employer is going to shoulder these expenses then there is really no harm in trying but if it is you who has to pay for appeals then my friend it will be better if you consult education evaluators and some other lawyers like Murthy, Khanna to get a second opinion before you embark on this long and costly journey.
That is accurate I have done 10+2+1+3
10 = Std 10th
+2 = Std 12th I assume
+1 = Is this the commerce 1st year?
+3 sounds to be your diploma right? now what was eligiblity for the diploma 10th or 12th? I am assuming it was 10? since it was 3 years course.
My friend I hate to be sounding pessimistic but your education might add upto 16 years but it is not progressive 16 years as required for a bachelors program, most of it is redundant. your +2 (12th grade) and diploma are overlapping. Your +1 is completely tangential to your course work. It is same as some one doing 1st year courses for 3 different strems example 1st year Science , 1st year arts and 1st year commerce and then claiming he has equivalent of 3 years bachelors course work completed and so he be awarded a bachelors degree.
Please dont feel bad. I do not want to give you any false hopes. Please consult some proffessional evaluators to check if there is a way they can make your education sound progressive but looking at USCIS response you pasted they have evaluated your diploma and cannot accept it as equivalent to degree program. Or saying I have 2 Masters degree so count it as equivalent to a PhD that cannot happen even if the person might have completed equal number of credits as PhD still it is at masters level and not at PhD level plus they are not cumulative which will be the most sticking out point.
I dont know who will pay for the MTR + refiling in case your employer is going to shoulder these expenses then there is really no harm in trying but if it is you who has to pay for appeals then my friend it will be better if you consult education evaluators and some other lawyers like Murthy, Khanna to get a second opinion before you embark on this long and costly journey.
That is accurate I have done 10+2+1+3
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abhijitp
07-06 02:16 PM
Thanks Dr Bahrainwala for your efforts, thanks LogicLife for the update.
We should work to gain more media coverage.
We should work to gain more media coverage.
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Dhundhun
12-29 02:37 PM
Please modify title.
Also, it will be quite useful to set a counter, how many people started using AC21.
Also, it will be quite useful to set a counter, how many people started using AC21.
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gc_kaavaali
06-05 10:52 AM
I think for few people this might be bad news. Some people changed their job without I-140 being approved. Sorry guys...i used AC21 but i have approved I-140.
Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
On October 18, 2005, USCIS designated Matter of Al Wazzan, A95 253 422 (Jan. 12, 2005) as a USCIS Adopted Decision. This AAO decision established that a petition that is deniable (i.e., not approvable), whether or not the petition is denied 180 days or more after the filing of the adjustment of status application, cannot serve as the basis for approval of adjustment of status to permanent residence under the portability provision of INA � 204(j). An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
On October 18, 2005, USCIS designated Matter of Al Wazzan, A95 253 422 (Jan. 12, 2005) as a USCIS Adopted Decision. This AAO decision established that a petition that is deniable (i.e., not approvable), whether or not the petition is denied 180 days or more after the filing of the adjustment of status application, cannot serve as the basis for approval of adjustment of status to permanent residence under the portability provision of INA � 204(j). An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
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ilikekilo
03-26 01:38 PM
Have they mentioned it on their website? Usually DMVs like CT etc.. mention on website that they need a Employment verification letter, as a matter of fact, they don't even accept paystubs they just want employment verification letter.
Folks - my advice is : Please do not argue with the department. Ask them to post their new requirement on their website so that you don't go there and get disappointed.
one doenst have to argue but can definitely question why its not there on their website if its not htere..they just cant decide one fine morning to just start as king for stuff...
Folks - my advice is : Please do not argue with the department. Ask them to post their new requirement on their website so that you don't go there and get disappointed.
one doenst have to argue but can definitely question why its not there on their website if its not htere..they just cant decide one fine morning to just start as king for stuff...
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gcformeornot
08-10 10:55 AM
If you had the opportunity of getting a Substitute labor and potentially get your GC sooner rather than later, wouldn't you grab it with both hands. It is the GC Freedom.
I am also thankful that DOL and USCIS have banned Labor Substitutions but please give those who have used them a break. They are also in the same boat as you and me (people with regular labor). Chasing the American Dream. No offense intended.:o
not in same boat as you and me buddy. They are in a boat ahead of me and you....
I am also thankful that DOL and USCIS have banned Labor Substitutions but please give those who have used them a break. They are also in the same boat as you and me (people with regular labor). Chasing the American Dream. No offense intended.:o
not in same boat as you and me buddy. They are in a boat ahead of me and you....
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dipsangel
08-15 10:03 PM
what to do?
My friend, I am sorry to hear about this. Your employer must be an A** hole.
I - 485 is your application. Employer has control of your application until I - 140. All you need from employer is employment verification letter.
If you have a good lawyer, then you can do it together. Take legal advice. This is just my opinion.
My friend, I am sorry to hear about this. Your employer must be an A** hole.
I - 485 is your application. Employer has control of your application until I - 140. All you need from employer is employment verification letter.
If you have a good lawyer, then you can do it together. Take legal advice. This is just my opinion.
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hydboy77
02-11 05:08 PM
vdl rao is an irrational person. without any sound reasoning he started that stupid thread "eb2 India will be current", when I tried to point out something about the amount of eb3 to eb2 portings going on and how this will set the eb2 dates back significantly I was given red dots (what else can they do). The people in that thread were halucinating about eb2 being current. Reality should now set in, there in no way eb2 is even going to 2006 anytime soon. This is the sad reality.
Last year there were only about 3 to 4k spillover from eb1 to eb2, eb2 row pretty much consumed all the eb2 row numbers and there was no spillover from eb2 row to eb2 india and eb2 china.
If the same trend continues we might get 3k spillover to eb2 india\china which will advance PD by a month. Some people are hoping that because of the bad economy there might not be many eb1 applications and that will lead to spillover to eb2, that is wrong assumption, the people getting approval in eb1 in 2009 are people who applied in 2008 and earlier when the economy was doing good, lay offs started only in nov-dec of 2008. Even if eb1 applications drop because of bad economy the results would be reflected in 2010 and not in 2009.
USCIS is not going to waste any visa numbers anymore. That means the last rollover from FB to eb has already happened in 2008 and might not happen ever again.
Last year there were only about 3 to 4k spillover from eb1 to eb2, eb2 row pretty much consumed all the eb2 row numbers and there was no spillover from eb2 row to eb2 india and eb2 china.
If the same trend continues we might get 3k spillover to eb2 india\china which will advance PD by a month. Some people are hoping that because of the bad economy there might not be many eb1 applications and that will lead to spillover to eb2, that is wrong assumption, the people getting approval in eb1 in 2009 are people who applied in 2008 and earlier when the economy was doing good, lay offs started only in nov-dec of 2008. Even if eb1 applications drop because of bad economy the results would be reflected in 2010 and not in 2009.
USCIS is not going to waste any visa numbers anymore. That means the last rollover from FB to eb has already happened in 2008 and might not happen ever again.
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Lasantha
02-08 04:11 PM
That is one of the points raised in this current letter campaign for admin fixes.
I dont see any light at the tunnel. PDs will not move until they allow 485 filing even PD is not current.
I dont see any light at the tunnel. PDs will not move until they allow 485 filing even PD is not current.
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espoir
07-10 08:36 AM
Media is a double edge sword. Lets not jump or resort into these activities and hurt IV agenda. Media can spin things around and you will be aghast at what is reported and what the truth is. We are not completely done with flower campaign. In my opinion it has now gained momentum and we have to make sure media presents our cause in a right way. And that we get a positive coverage.
Jimi_Hendrix
12-12 01:23 PM
Here's your answer in the bulletin
EMPLOYMENT: Demand for numbers in the Employment Third �Other Workers� category, as well as the China and India Employment Second preference categories, has been escalating. No movement in those cut-off dates will be possible until the current level of demand subsides.
Thanks for your post. It does look like EB2 India and EB3 Other Workers will remain where they are. The point to be noted is that EB3 India was not commented upon i.e. EB3 Other Workers is different from EB3 India or EB3 ROW. I don't want to commit the deadly sin of predicting but there is hope that EB3 India might move albeit slowly :p
EMPLOYMENT: Demand for numbers in the Employment Third �Other Workers� category, as well as the China and India Employment Second preference categories, has been escalating. No movement in those cut-off dates will be possible until the current level of demand subsides.
Thanks for your post. It does look like EB2 India and EB3 Other Workers will remain where they are. The point to be noted is that EB3 India was not commented upon i.e. EB3 Other Workers is different from EB3 India or EB3 ROW. I don't want to commit the deadly sin of predicting but there is hope that EB3 India might move albeit slowly :p
mmj
04-27 12:55 PM
I guess since no one wants to do anything about their situation - we can all sit back and wait for another 4-5 years and hope that we get a green card at that time since that is the amount of time it is going to take most of us if nothing was to change in the current process. Good luck to ALL and Happy Waiting :)
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