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  • gc_wow
    09-09 08:26 PM
    Oct 09 bulletin indicates jan 22 2005, they should have Visa numbers atleast to cover all the 2004 eb2 in september.How they can calculate so accurately, I am guessing that there could be some more extra visas that may be available at the end of September.If that is not happening then visa numbers could be lost. For eg: If some 2004 cases are not approved by the end of the month for what ever reasons then there will be some visas available which may advance visa dates furthur. So the big question is what will USCIS do with still left visas? Will they approve beyond 5 Jan 2005,with out bulletin being current or just waste Visas?





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  • TheOmbudsman
    10-26 11:08 AM
    Your points are correct. The real question is how many more can the country take without going unsympathetic to immigration. That's their country and their decision you know.

    You guys migh want to read this, if you haven't done so that already. Great article that helps you understand the shift in posture. I am afraid that things will get rougher for us. Fortunately we are in the best position possible, if we learn how to take advantage of this situation (assuming that we ever get the GC!).

    http://www.spiegel.de/international/0,1518,439766,00.html
    Immigration is a demographic imperative for America and the rest of the western world. Fact is the modern western cultures that empower women, encourage them to the workplace, make contraception/abortion freely available and make alternative lifestyles a choice, leads to a drop in fertility rates. Liberal leaning countries have amongst the lowest fertility rates, well below replacement levels.

    The above makes it an imperative to import labour and yes sheer people to take care of the old and infirm, to keep the service sector rolling even if manufacturing etc is outsourced. The only question is what kind of immigration and how much of it. In short the answer is the USA is not a dumb country, it generally always acts in its self interest faced with these choices. I believe EB immigration will soon be liberalised. This would be a smart thing especially if coupled with a crackdown on illegal immigration.

    US population is growing yes, but the elderly population is exploding. More are getting older (baby boomers) and once there there they are sticking aroung longer. I wish there was a measure of working age population only, the growth of that population is probably much less than that of the general population.





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  • sam0407
    09-20 04:20 PM
    Just got update from my layer that they have received 6 RN's for me and my wife. I filed our AOS on 9th-July-2007 at NSC. My I-140 was filed at NSC last year but it was not approved at the time of my AOS filing. Last week I also got my I-140 approved. I am on EB2.

    Wish everybody get their RN's soon.. It should be just matter of days.





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  • rpulipati
    09-27 12:20 PM
    I and my wife received transfer notice to TSC yesterday. This may be because of my pending I-140 at TSC.

    RD: 07/19/07
    ND: 07/21/07

    I dont know if my checks are cashed or not (My employer provided them).

    Thanks



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  • avi_ny
    07-21 09:40 PM
    EAD application mailed to USCIS on 21 May 2008
    There was one RFE - USCIS requesed two photos. They were shipped on July 2nd.
    I have not received any FP Notice. (strange)
    Approved EAD (1 year) received on 21 July 2008 (Today)





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  • abracadabra102
    05-10 10:20 AM
    Dear Mr. President:

    This email is to register a strong protect against the visa bulletin released for Jun-09. In the tough time of 2009 that USA is facing, you are trying to do everything you can to protect the futures of the citizens of your country and I admire you for that. I would also like to point out that the visa bulletin pushes back dates for EB2 Indians to Jan-00 which virtually means no green card for Indians unless they are in EB1 category. I have spent almost 9 years in this country, legally. In 2005, I initiated the process for green card through EB immigration. While many others from different countries such as Europe, Asia and also China came here much after I have and contributed less than I have, they have gotten their green cards much sooner than I have and some of them have even become citizens. When I say I, a lot of my fellow citizens also face this unjust separate queue for Indians.

    Please help me understand as to how someone from country A having a longer queue than country B coupled with an indefinite time wait is a fair and equitable treatment?

    I understand that you feel sensitive to protect jobs of Americans in these tough economic times, however; it is beyond comprehension that while citizens of all other countries are being welcomed with no wait for green card in employment based category that there are virtually no green cards left for any Indian, even for those who have stayed here longest.

    My message may or may not ever reach you but, I wanted to register a strong protest against unjust treatment meted out to me in the area of immigration.


    Sincerely,

    kshitijnt,

    I know you mean well and trying to do something. But, please do not send this letter.
    The purpose of this letter is to impress the person you are sending this to. You do not do that by protesting and complaining. Your letter need to be professional, courteous and grammatically correct and pleasant to read. Remember, the purpose is to impress and sell your point of view to President himself. Poorly drafted letter may actually have a negative impact, especially when we are claiming ourselves as skilled professionals.
    Achoo makes good points in other post. This is not to insult you and I know English is not our first language and most of us struggle with it including myself. But we should make an effort to get this right.



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  • JA1HIND
    04-22 01:29 PM
    File a BBB case..but make sure you are absolutely sure Company is at fault...if its just money..
    i guess u have to take a "hit".. but if they have violated ur rights in any way..u should pursue all possible options of getting justice.

    is that a desi consultant!
    I think we need to create a site of all desi consultants and rate them.. discretely.;-)

    I am sure below copied my URL will help lot of other folks who would like to know how much employer list $$ amount in their individual LCA, who is the owner of the company, how many LCA are filed from this company for that year etc...:D

    in the employer field, search by "employer name" and see the magic...and once you get to the details section look for " designated_first_name" and " designated_last_name" will tell you who the owner of the company is some more details of your interest....LOL!! :p

    http://www.h1b.info/lca_search.php





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  • needhelp!
    02-26 06:29 PM
    Thank You abqguy.



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  • bhobama
    05-10 09:08 PM
    Quota based on race argument is fallacious. For example, Bangladesh and Pakistan are not limited by the quota. However, they are the of the same ethnic/racial background as people from India.




    The concept of "diversity" by country is a racially motivated law. It does not promote diversity. In fact it limits diversity.





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  • sankap
    07-10 01:04 AM
    [QUOTE=desi3933;486996]1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.

    Here are the IRS guidelines on filing taxes as an Independent Contractor (Self-Employed) or Employee: Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)

    2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140

    Since nowhere do USCIS/DOL explain as to what constitutes a "permanent" job, one can *assume* that being self-employed (or working for a staffing company on contract) is a "permanent" job, regardless of the project's duration, and mention that on EVL. IRS guidelines could help: http://www.irs.gov/businesses/small/article/0,,id=154770,00.html

    3. See point 2.

    4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.

    I didn't imply that "contract extension means job is permanent," as you inferred. Also, can you point us to a USCIS/DOL resource to confirm that definition of a "permanent" job?

    5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.

    Yes, GC is always for a future job--it's got nothing to do with your H1B job. And here's what I saw on dual-intent visas:
    "Under the Dual Intent Doctrine, some nonimmigrants are allowed to enter and/or remain in the U.S. temporarily with a nonimmigrant visa even though they have expressed a long term intent to remain permanently. Presently, only E, H-1 and L category visa holders are allowed to remain nonimmigrants while simultaneously pursuing permanent resident status. Other nonimmigrant visa holders may be denied extensions or re-issuance of a nonimmigrant visa if they appear to have a dual intent of coming to the U.S. temporarily while pursuing permanent resident status."

    6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period.

    Can you point us to a USCIS/DOL resource to confirm that definition of "permanent "job?

    H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.

    If *no* H1B job is "permanent," as you say, then how can that job be permanent after filing PERM or I-140? Second, following your argument, if you're on H-1B and changed employers using AC21, the new job wouldn't be considered "permanent," right? Third, if H-1B job is not "permanent," then which one is?

    7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
    Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)

    Please read the document fully. It says the petition was denied because "the petitioner has not established its ability to pay the
    proffered wages to the beneficiaries of the other petitions or the proffered wage for the instant beneficiary." Nothing related to whether the job was "permanent," FT. Also, As I said, there's a difference between being on a "permanent" future job (for which I-140 was filed) and being on a "permanent" job using AC21 provision.



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  • nepaliboy
    05-19 05:03 PM
    i had call several times open service request 3times but no help finelly i took infopass and went to atlanta to see io he fineally shedule me for 28th may but i have not receive appointment letter yet .
    do you think i will receive letter ?
    after fingerprint i will see lud or not?
    i am july 2nd 2007 filler and my pd is november 2005 row , my visa is current now so what will happen after my fingerprint to my file?
    will they put back again somewhere storage place or they will finished my fille work?





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  • kinvin
    05-01 10:19 AM
    Thanks!
    Dont reply to PM



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  • eb3_nepa
    12-11 07:50 AM
    Guys even H1B increases are not that bad. A lot of our spouses could get jobs on h1b if it was open just now. Ultimately isint that what we want? Both husband and wife working?

    I know that it could have a possible effect on the EB but I think a LOT of our spouses could work if the H1B quota was available. I know atleast 2-3 such friends whose wives can easily get jobs if the H1B was open.





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  • vin13
    03-06 03:38 PM
    They are not going to do what you tell them, 5 year is just an example, people are waiting for 9 years. I say 5 becaue even ROW is 2 year back, so asking 2 would be like take it off...

    Mirage,
    I completely agree with you. I was just trying to get a point across some of the members who just like to shoot down proposals.



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  • jitian
    11-18 12:22 PM
    just done. North Carolina (two senators and Sur Myrick)





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  • alterego
    10-26 12:03 AM
    Hi Ahimsa and other poster who questioned this:

    Why SKULL bill ? As a high level manager I have learned after years of experience that you need to use good sense of humor, satirize when confronted with insanities and very stressful situations. In my life such a twaddle this immigration process has been that I need to come up to this forum and sometimes make some of us laugh a little bit from this situation. Calling it SKULL bill is a way to apply my sense of humor to this process. Please do not take this as an offense.

    Please, please. Folks, didn't you see immigration-law.com and AILA.org - a reliable pro immigration sources - outlining that that anti CIR calls outnumbered the pro CIR calls 400:1 ? Go to AILA.org and research the info there by yourself if you don't trust me.

    One more indication for you, which doesn't rely on biased polls:
    In spite of massive lobby and muscles leveraged by the corporate sector, why do you think immigration bills - both pro legal and pro illegal - have been unsuccessful in the last two years ? Come on guys, by now you should not be questioning whether the public is against amnesty or even legal immigration. It is evident that the majority of citizens do not benefit from more immigration. Do you have an idea how much lobbying $ got involved on this without much success so far ? I am surprised that you are even raising this question. Why Americans should want more foreigners to compete with them when the real wages have declined ? That would defy logic.

    Here, a fresh related evidence. Those who have an open mind should be able to understand this:
    http://diversity.monster.com/articles/coming_to_america/?WT.mc_n=MNL000283

    Does the Workplace Welcome Differ?

    Are Americans more welcoming to Asian immigrants than to Hispanics/Latinos? C.N. Le, who directs the Asian American Studies Program at the University of Massachusetts, calls it "a complicated issue." She thinks that "Americans in general are becoming slightly less welcoming to immigrants in general. Part of it has to do with illegal immigration, but it spills over and affects legal immigrants too. There is always workplace tension between those who gets jobs, and those who get left out."

    Talk about this article and get advice on the Diversity at Work message board.


    Here is a fresh poll for you, since you asked:
    source:numbersusa.com (the poll was not conducted by numbersusa.com though).

    QUESTION A: If immigration continues at its current level for the next 50 years, experts estimate that it will add approximately 100 million people to the United States population, which currently is 300 million. Knowing this, would you say the country needs to:
    % SAYING

    NOTE: Typically, poll results for categories are released to the public in rounded numbers that will tend not to add up precisely to 100%.

    REDUCE number of immigrants INCREASE number of immigrants Keep number the same Not sure
    ALL VOTERS 64 3 26 6
    Male 64 3 26 6
    Female 65 2 26 6
    PARTY
    Democrat 59 2 32 6
    Independent 59 4 31 4
    Republican


    Immigration is a demographic imperative for America and the rest of the western world. Fact is the modern western cultures that empower women, encourage them to the workplace, make contraception/abortion freely available and make alternative lifestyles a choice, leads to a drop in fertility rates. Liberal leaning countries have amongst the lowest fertility rates, well below replacement levels.

    The above makes it an imperative to import labour and yes sheer people to take care of the old and infirm, to keep the service sector rolling even if manufacturing etc is outsourced. The only question is what kind of immigration and how much of it. In short the answer is the USA is not a dumb country, it generally always acts in its self interest faced with these choices. I believe EB immigration will soon be liberalised. This would be a smart thing especially if coupled with a crackdown on illegal immigration.

    US population is growing yes, but the elderly population is exploding. More are getting older (baby boomers) and once there there they are sticking aroung longer. I wish there was a measure of working age population only, the growth of that population is probably much less than that of the general population.



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  • gclongwaytogo
    10-16 05:06 PM
    i called uscis and they gave me the rns for ead and 485. but not for ap. they didn't provide any rns for my spouse as not present in the call. checked the money orders at bank...it was not cashed yet....anyone similar!:confused:





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  • qplearn
    12-12 08:39 PM
    :D

    Asking help from Senator Sessions for your G-card is like asking help from Bil Ladan to wipe out islamic terrorism. I w'd be extremely curious to read his reponse if you get one at all.

    If you think it is that ridiculuous, then you should tell the core members that. They did ask us to call him on the last day of LD. There is nothing wrong in writing to him. In fact, you are making a comparison that is not correct.





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  • gjoe
    10-09 06:18 AM
    Why do you think FIFO is scientifically impossible? If you beleive that weather forecast is reliable like most of the Americans do, making the FIFO system work more effeciently without wasting even a single visa is possible.
    It is not necessary to issue the visa if the case is still pending for some reason, but if it has cleared all it has a visa number ready to complete the case. If all the visa numbers are allocated ( not necessarily issued) each year there will be no waste. There is no need to go back and recapture visa numbers because all visa numbers are already allocated. Obove all these reasons, those people with PD's as old as 1999 coming out from the BEC need not face another nightmare like first waiting for the I485 to become current before even he can file and then wait in the end of the queue for new applicants to move forward before having his case handled.
    This GC system broke because the system was revamped without taking into account the whole process.
    First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.

    There are a lot of misconceptions about AoS. Let me write it here.

    1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.

    2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.

    3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.

    4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.

    So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.





    desi3933
    06-23 12:19 PM
    Can an employer revoke the I-140 after 180 days of I-485 pending?

    Yes. However, AC-21 can save the I-485 for the beneficiary even if I-140 is revoked/canceled as long as the date of such request is dated after 180 calendar days of I-485 filing date.

    Not a legal advice.





    gemini23
    09-27 03:57 PM
    got my receipts today.

    Case Details:
    i-485/EAD/AP sent on 7/25 and reached NSC on 7/26 for my self and my wife.
    i-140 still pending at NSC.
    Got the receipts for all 6 cases from lawyer today.
    i-485 for me and my wife got transfered to TSC and pending.
    Case status shows Received on 7/26 and EAD approved for me and my wife from TSC on 09/26.
    AP pending in TSC.