bkn96
11-17 10:34 AM
How is response to MTRs sofar. Are they encouraging? What happens if MTR not approved what are the options?
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gimmeacard
09-24 11:25 AM
Congrats ski_dude12. My personal opinion is that this may have delayed your greencard since July. Sometimes people get too anxious once their date is current and want to try everything that is possible to get approval. There is so much information and misinformation on forums.
i would think that you dont need to raise any SR or other action for at least 3-4 weeks from the month your PD is current.
i didnt do anything and the emails came to me by 7th of Sept
maybe in some cases it helps, in some cases i heard- there have been delays
i would think that you dont need to raise any SR or other action for at least 3-4 weeks from the month your PD is current.
i didnt do anything and the emails came to me by 7th of Sept
maybe in some cases it helps, in some cases i heard- there have been delays
Wendyzhu77
08-21 03:42 PM
I believe they already answered the question: they claimed the previous allocation scheme was wrong and the current is correct. There is nothing more you can possibly get by questioning on this issue. Even if there is anything behind the curtain, that explanation covers everything perfectly and there is nothing you can do about it.
We can definitely question them on how their understanding changed on visa spill over distribution.
We can definitely question them on how their understanding changed on visa spill over distribution.
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mohican
01-14 03:35 PM
I finally got the letters and the root cause of my I485 denial. My previous employer informed that they used my approved I140 for another employee. As many of you might know this I140 substitution practice was a loophole until June 2007. These days companies can not do this any more.
So probably when my I485 came up for adjudication, there was no I140 since it had been used and hence they denied it. Now, I changed jobs per AC21 rules--yeah the famous rule that USCIS ignores. I am waiting on my current attorneys to file an MTR as soon as possible.
Question to forum members:
1. Are there folks in EXACTLY similar situation?
2. If yes, after filing MTR and it getting accepted, what are next steps since one definitely needs a approved I140?
3. Further to #2 above, does one need to file another I140 and port the previous date? I am sure this would take longer time than the current H1b that I hold until June 2009.
4. Can any one share lawyer name and contact info who might have favorably helped a forum member so that I can contact the person and get a second opinion to discuss legal strategies that might be available.
Best-
Mohican
So probably when my I485 came up for adjudication, there was no I140 since it had been used and hence they denied it. Now, I changed jobs per AC21 rules--yeah the famous rule that USCIS ignores. I am waiting on my current attorneys to file an MTR as soon as possible.
Question to forum members:
1. Are there folks in EXACTLY similar situation?
2. If yes, after filing MTR and it getting accepted, what are next steps since one definitely needs a approved I140?
3. Further to #2 above, does one need to file another I140 and port the previous date? I am sure this would take longer time than the current H1b that I hold until June 2009.
4. Can any one share lawyer name and contact info who might have favorably helped a forum member so that I can contact the person and get a second opinion to discuss legal strategies that might be available.
Best-
Mohican
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Sri_1975
08-20 11:56 AM
Nice. Whats next.:mad:
vg1778
10-01 02:17 PM
Called USCIS...same reply ...check after one week.
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kate123
03-31 11:59 AM
Agreed, Thanks for correcting me :)
The calculation looks incorrect.
You considered the I+ C allocations and subtracted those in line 1. You again subtracted those in your final calculation.
The straight forward calculation is EB2 ROW is entitled to 34,436 (1) and they used 27,406 (2). So splillover was around 7 K.
The calculation looks incorrect.
You considered the I+ C allocations and subtracted those in line 1. You again subtracted those in your final calculation.
The straight forward calculation is EB2 ROW is entitled to 34,436 (1) and they used 27,406 (2). So splillover was around 7 K.
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gdhiren
07-12 03:04 PM
Although much older anouncements and news are still there.
Apparently they want everybody to forget about this ASAP, let alone attract any further interest or god forbid inquiries. I don't know who in the world can still beleive that they are a "service" and we are "customers".
I pity Gonzales now, may be Chertoff called him up and said why on the earth is he responding to flower campaign? Or may be Walter Reed Soldiers refused to accept mourning flowers. LOL....
I smell something fishy... is it just me???
Apparently they want everybody to forget about this ASAP, let alone attract any further interest or god forbid inquiries. I don't know who in the world can still beleive that they are a "service" and we are "customers".
I pity Gonzales now, may be Chertoff called him up and said why on the earth is he responding to flower campaign? Or may be Walter Reed Soldiers refused to accept mourning flowers. LOL....
I smell something fishy... is it just me???
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Hunter
05-09 01:50 PM
We should form a union and flout our numbers to lobby aganist any bill. Unless we show our numbers nobody is going give flying f*** about us.
So UNION is good when you want to be on that for collective bargaining to serve your ends.
However, it is really bad for the economy when auto-workers have a union (as many mentioned in this forum about the non-existent $94/hr UAW worker).
BTW, this is not the only place where Indian IT professionals are expressing the need for UNION. These days, I saw even offshore company employees talking about the need for UNION since many companies like Infosys are quietly sacking employees without any severence.
So UNION is good when you want to be on that for collective bargaining to serve your ends.
However, it is really bad for the economy when auto-workers have a union (as many mentioned in this forum about the non-existent $94/hr UAW worker).
BTW, this is not the only place where Indian IT professionals are expressing the need for UNION. These days, I saw even offshore company employees talking about the need for UNION since many companies like Infosys are quietly sacking employees without any severence.
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jayleno
10-01 07:58 PM
I'm a great fan of Obama for what he has achieved so far and in all probability he will in Nov. I hope the new CIR will not be similar to CIR 2007 as far legal immigration is concerned. After 8 years of paying taxes I would definitely feel greatly disappointed if we get a raw deal for being legal
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katrina
05-09 07:17 PM
Below are the list that I have from my lawyer to prepare my I-485 :
1. for Evidence of status you need a Copy of Last Entry I-94
non immigrant arrival/departure record, showing your admission
to the US and current status. (Front and back, make sure the date is
clear to see)
2. To show that you are always in status while you are in US you will need
Copies of all immigration related documents from USCIS
(such as I-20, OPT, H1B, H4 approval notice, or other status)
3. Copy of Birth Certificate
(need translate & notarize if not in English)
4. Copy of Marriage Certificate if you are married
(need translate & notarize if not in English)
5. Copy of Passport pages with non immigrant visa
(including all passports you have used since the last entry you need to
copy all the stamp you had on the passport. Again this is to show the
last time your in you US and to make sure you are always in status)
6. I-693 (Medical Exam)
(You can dial 1-800-375-5283 to choose the physician list)
you will required to show a proof that you have take MMR, Varicella, Tetanus and hepatitis B
if you can't show any proof they will required you to take it on their office and it will cause you quite a lot money ( you can take
the vaccine earlier on your family/ regular dr. office and could get covered by you insurance) it could save you $300 per person.
the mandatory test you have to take at their office is tb test, blood test
for HIV and syphilis and regular phisical test. once you have all vaccine
and the mandatory test they should gave you the seal envelope to send to USCIS along with your other document and they will give you a copy as well.
7. If you apply for your family member you will need
I-134 (Affidavit of Support) stamp by Notary for each family member
8. Employment Verification Letter
Employement letter on the letter head of the petitioning employer
which confirms that the job on which visa petition is based is still
available to you. The letter must also state the salary that will be paid.
9 . Photos (2*2 color front-view passport photos)
*2 for each I-485, additional 2 for each I-131,
additional 2 for each I-765
10 Fee Payment made to USCIS (1 per applicant)
$325 for each I-485 filing fee
$70 for each Fingerprint fee
$170 for each I-131 filing fee (if apply for Advance Parole)
$180 for each I-765 filing fee (if apply for Employment Authorization) .
Hope this list is help for those who is ready preparing their document.
1. for Evidence of status you need a Copy of Last Entry I-94
non immigrant arrival/departure record, showing your admission
to the US and current status. (Front and back, make sure the date is
clear to see)
2. To show that you are always in status while you are in US you will need
Copies of all immigration related documents from USCIS
(such as I-20, OPT, H1B, H4 approval notice, or other status)
3. Copy of Birth Certificate
(need translate & notarize if not in English)
4. Copy of Marriage Certificate if you are married
(need translate & notarize if not in English)
5. Copy of Passport pages with non immigrant visa
(including all passports you have used since the last entry you need to
copy all the stamp you had on the passport. Again this is to show the
last time your in you US and to make sure you are always in status)
6. I-693 (Medical Exam)
(You can dial 1-800-375-5283 to choose the physician list)
you will required to show a proof that you have take MMR, Varicella, Tetanus and hepatitis B
if you can't show any proof they will required you to take it on their office and it will cause you quite a lot money ( you can take
the vaccine earlier on your family/ regular dr. office and could get covered by you insurance) it could save you $300 per person.
the mandatory test you have to take at their office is tb test, blood test
for HIV and syphilis and regular phisical test. once you have all vaccine
and the mandatory test they should gave you the seal envelope to send to USCIS along with your other document and they will give you a copy as well.
7. If you apply for your family member you will need
I-134 (Affidavit of Support) stamp by Notary for each family member
8. Employment Verification Letter
Employement letter on the letter head of the petitioning employer
which confirms that the job on which visa petition is based is still
available to you. The letter must also state the salary that will be paid.
9 . Photos (2*2 color front-view passport photos)
*2 for each I-485, additional 2 for each I-131,
additional 2 for each I-765
10 Fee Payment made to USCIS (1 per applicant)
$325 for each I-485 filing fee
$70 for each Fingerprint fee
$170 for each I-131 filing fee (if apply for Advance Parole)
$180 for each I-765 filing fee (if apply for Employment Authorization) .
Hope this list is help for those who is ready preparing their document.
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Saralayar
01-06 09:39 PM
Can any one take a lead on this and volunteer?. As I am not an expert in it, I am asking any of the members of IV to take initiative. We will support in what ever way..
Want to keep this alive...
^^Bump^^Bump^^
Want to keep this alive...
^^Bump^^Bump^^
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americandesi
03-24 05:22 PM
Refer http://www.usdoj.gov/crt/osc/htm/engperliwdiss.htm
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kewlchap
10-15 09:55 PM
I also spoke to Terry at NSC once. She is very nice and will try to tell you as many details as possible.
@ Alterego: Dude, when the responses you are getting are basically "under review, wait 90 days", it is much nicer to know details like storage area, exam area, and where your file is.
@ Alterego: Dude, when the responses you are getting are basically "under review, wait 90 days", it is much nicer to know details like storage area, exam area, and where your file is.
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logiclife
07-09 06:43 PM
Will you guys stop this madness atleast now?. If US started bending rules for people who send flowers, then everyone will try to manipulate the system. There is a lot of difference between the circumstances of originla gandhigiri and now. :rolleyes: That was our country back then, for crying out loud.We are in a foriegn country and the issuance of visa a previlege not a right.Why cant you guys understand this simple fact?. Now stop making fools of yourself and get a life.
That USCIS director gave a good answer. Is your pain more than those citizens of this country who gave their limbs and life for US?. :eek:
BTW, i am one of the guys who couldn't file I-485 because of this fiasco. But i understand the reality.:)
Kindly realize that we know full well that flowers dont change laws and regulations. If that were case, Microsoft would have drowned DC with roses to get H1 quota increase.
We are not stupid. But the flower campaign does have a purpose bigger than 485 filing. Its called media attention. Now kindly stop complaining, trust IV leadership that has run this org successfully for past 18 months, and please help us by doing your part.
That USCIS director gave a good answer. Is your pain more than those citizens of this country who gave their limbs and life for US?. :eek:
BTW, i am one of the guys who couldn't file I-485 because of this fiasco. But i understand the reality.:)
Kindly realize that we know full well that flowers dont change laws and regulations. If that were case, Microsoft would have drowned DC with roses to get H1 quota increase.
We are not stupid. But the flower campaign does have a purpose bigger than 485 filing. Its called media attention. Now kindly stop complaining, trust IV leadership that has run this org successfully for past 18 months, and please help us by doing your part.
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maine_gc
01-09 01:02 PM
I sent an email to my employer asking them to send the letter. Waiting for their reply.
I will send my letters this weekend.
I will send my letters this weekend.
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eb3_2004
09-10 08:11 AM
Called all of them y'day...
Good Luck to all...
Good Luck to all...
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eb_retrogession
02-09 02:47 PM
Ease in immigration standards called for
The United Press International, February 8, 2006
http://www.upi.com/NewsTrack/view.php?StoryID=20060208-105741-3392r
Washington (UPI) -- A leader of a semiconductor company wants the United States to ease immigrations standards to make it easier to hire and retain foreign nationals.
Intel Chairman Craig Barrett, appearing on a question-and-answer forum on FT.com, said a market-based approach to granting work visas should replace the current system, which sets numerical limits on such documents.
Several leaders of technology companies have made similar requests of U.S. officials, the Financial Times said Wednesday. The visa classification that allows foreign engineers and scientists to temporarily relocate to the United States has a limit of 65,000. Some 140,000 green cards, allowing permanent stays, are granted each year.
Barrett said the figures are too low, pointing out the work visa total has already been reached this fiscal year.
'These arbitrary caps undercut business' ability to hire and retain the number of highly educated people in the field where we need to maintain our leading position,' Barrett said on FT.com.
Barrett suggested, 'We should just staple a green card to every advanced degree granted to a foreign national from a U.S. university in science and engineering.'
The United Press International, February 8, 2006
http://www.upi.com/NewsTrack/view.php?StoryID=20060208-105741-3392r
Washington (UPI) -- A leader of a semiconductor company wants the United States to ease immigrations standards to make it easier to hire and retain foreign nationals.
Intel Chairman Craig Barrett, appearing on a question-and-answer forum on FT.com, said a market-based approach to granting work visas should replace the current system, which sets numerical limits on such documents.
Several leaders of technology companies have made similar requests of U.S. officials, the Financial Times said Wednesday. The visa classification that allows foreign engineers and scientists to temporarily relocate to the United States has a limit of 65,000. Some 140,000 green cards, allowing permanent stays, are granted each year.
Barrett said the figures are too low, pointing out the work visa total has already been reached this fiscal year.
'These arbitrary caps undercut business' ability to hire and retain the number of highly educated people in the field where we need to maintain our leading position,' Barrett said on FT.com.
Barrett suggested, 'We should just staple a green card to every advanced degree granted to a foreign national from a U.S. university in science and engineering.'
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CADude
09-25 01:50 PM
I am happy to notice that guys/gals are contacting congressman/woman, senator, USCIS Compaint Dept.
some action is better than nothing.
Good Luck. Keep it up.
some action is better than nothing.
Good Luck. Keep it up.
gvenkat
09-24 11:28 AM
Bharatpremi,
Thanks for the excellent analysis. One question, your analysis assumes category excess visas goto next category on a per country basis, is this correct ?
Example, EB-1 china number goto EB-2 China ? I thought all EB-1 China numbers are added to the excess pool and then given to most retrogressed EB2 category ?
Thanks for anyone who clarifies this.
No matter how the data is sliced and diced, being EB3-I certainly means a loo...ong wait time ... :)
Well if you are EB3 you are scrwed. I think it's almost worthless waiting for a GC. :mad:
Thanks for the excellent analysis. One question, your analysis assumes category excess visas goto next category on a per country basis, is this correct ?
Example, EB-1 china number goto EB-2 China ? I thought all EB-1 China numbers are added to the excess pool and then given to most retrogressed EB2 category ?
Thanks for anyone who clarifies this.
No matter how the data is sliced and diced, being EB3-I certainly means a loo...ong wait time ... :)
Well if you are EB3 you are scrwed. I think it's almost worthless waiting for a GC. :mad:
SunnySurya
08-07 12:59 PM
I will forward this to my lawyer..
US court already clearly given vertict to BS+5 years alone itsef qualify for EB2. It was a major ruling against INS.
US educated (or holding master degree) is no way superior than holding BS+5 years experience if job requires more experience . Similarly BS+5 years is no way superior than MS, if job requires absolutly Masters degree (like research).. So dont compare each other, as each has its own merits. Education and experience cannot replace each other.
However, One can send a petition to DOL/USCIS to deny the second LC/140 application if an employer files two LC/I-140 for a single person (same employer -same beneficiary) for a similar kind of job, just to help the employee to line jump from EB3 to EB2. This may work to stop abusing the system.
Read this before you go further ..
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr03jy00-111
US court already clearly given vertict to BS+5 years alone itsef qualify for EB2. It was a major ruling against INS.
US educated (or holding master degree) is no way superior than holding BS+5 years experience if job requires more experience . Similarly BS+5 years is no way superior than MS, if job requires absolutly Masters degree (like research).. So dont compare each other, as each has its own merits. Education and experience cannot replace each other.
However, One can send a petition to DOL/USCIS to deny the second LC/140 application if an employer files two LC/I-140 for a single person (same employer -same beneficiary) for a similar kind of job, just to help the employee to line jump from EB3 to EB2. This may work to stop abusing the system.
Read this before you go further ..
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr03jy00-111