Monday, July 4, 2011

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  • ashishgour
    09-25 10:54 AM
    Case might have got transferred to CSC. I applied on Jul' 23rd and no news yet.

    Thanks,
    -rk.

    Filed on July 23rd at Nebraska.
    Got receipt numbers for AOS only. :)
    No news on AP,EAD yet.:confused:
    Receipt numbers are WAC-XXX-XXXX and case has been transferred
    to TSC as my 140 was approved from Texas.

    Receipt Date : 18th Sept 07
    Notice Date : 20th Sept 07




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  • visa_reval
    11-17 04:22 PM
    Done.




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  • vshar
    07-22 09:44 PM
    I feel for the guys who have been waiting since 2001 for their green cards in the EB3-I/C category.

    To change the interpretation of how spillover is applied, you will need a better argument than "The system isn't fair."

    Why should the USCIS/DOS favor EB3 over EB1 or EB2? Unless you provide a reason that benefits America, no executive or law maker is going to touch this. You can see why this is a tough argument to make - The USCIS sees EB1 as better educated and more accomplished on average than EB2 and the same for EB2 over EB3. Are there exceptions to the rule? Ofcourse there are. But the law is designed to solve the most common scenario and not complicated situations like this.

    EB3 to EB2 isn't a slam dunk as many of you have correctly pointed out. One option is to move employers and find the right employer who is ready to file for EB2. While that may not work for everyone, it is the only known way out of the EB3 nightmare.

    I support measures that will alleviate your pain although this will likely not benefit my personal situation. Visa recapture is a real possibility at the end of this year - I recommend you support IV to accomplish this goal.


    You are not man but superman.




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  • fundo14
    04-08 01:01 PM
    I did my landing this weekend.
    Every thing went smooth both on US and Canadian side.

    I was not asked any questions.
    Just wanted to let everyone know.

    Hi,

    Did you used AP while coming back?

    From Which port you enetered back in US?

    Thanks.



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  • Macaca
    12-10 10:17 AM
    I forgot to say that I am going full speed ahead and staying the course.

    I am doing the following even if there are 0 takers.


    Educate lawmakers about retorgression.
    Prioritize interim options based on controversial factor. Some forum posts have good ideas.
    Start right now. I don't know how to enjoy holidays without any hope.


    I don't understand all the issues (like EAD). In order to proceed, I am trying to understand (= validate + document) the

    process and platform (senate/congress) on which retrogression will be addressed.
    process and platform on which interim measure can be introduced.
    effect of each interim measure.




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  • sunofeast_gc
    07-08 03:49 PM
    Madam Rice is trying to divert the issue by telling skilled professional from all over the world wants to come here....This is not the issue.....

    Issue is there are thousands of high skilled professional with approved labor and I-140 , waiting for years to file I-485.... DOS told then on 13th June that you all can file I-485 and all of the sudden on 2nd July 07 DOS said we can't accept your application...

    So madam secretary it's not issue of how many high skilled professional wants to come here. Infact DOS/USCIS/Govt. of US need to think how life is tough for those high skilled professional who already came here and waiting for years to get green card through legal system....



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  • X-Wing
    07-06 04:01 PM
    Order # FNK1821065

    Deliver on: Tuesday, Jul. 10, 2007

    Gift Message and Signature: Thank you for giving us Hope for a few hours on July 1st and then taking it away. We enjoyed the ride and felt the pain. Wish you all the best for future Employment Based visa estimates on Visa Bulletins.

    All, keep up the good work!!




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  • snthampi
    02-03 11:27 AM
    [QUOTE=snthampi;2311346]

    :D
    Good Luck trying to explain reservation system to the USCIS to implement your plan! How many years would we have to wait - for the USCIS to learn the system and execute it :D
    Kidding too!

    Good one! You are right. It might take them 10 years to understand the system and then 10 years to implement it. By then many of us will be retired.



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  • delax
    07-27 01:48 PM
    Under the latest interpretation, EB3-I India will not get benefit until EB3-ROW gets benefit. So EB3-ROW benefiting will eventually benefit Eb3-I. That is the logical background.


    The other two issues , which provided temporary relief, would have been redundant If we had recaptured the visas. Most of us, across the EB category/Country, would have been current or near current , rendering these issues redundant.

    IV still went ahead with it (I am glad) knowing fully well recapture is difficult issue.

    So no harm in EB3-I seeking temporary relief while still joining forces on the recapture issue.

    Now you need to explain How EB3-I seeking favorable interpretation of spill over distribution undermines "Recapture effort". How are these related??

    Chmur; I appreciate your post. For the sake of a discussion could you share what is the temporary relief that you are seeking. I am curious to know the details. Is it

    1. Revert back to the vertical spillover rule. OR
    2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
    3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.

    Let me offer my answers to the questions above:
    1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
    2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
    3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.

    I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers




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  • gauravsh
    09-10 10:13 AM
    how to get mexican citizenship and come back here on TN visa?



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  • arihant
    05-03 12:05 PM
    GreeNever,

    The only clarification I would make over Knnmbd's interpretation is that as long as you have a US master's degree or higher, the "3 years work experience in a related field" restriction will not apply. If you read section 201 carefully, you will see that the difference between items 1 and 2 is that item 1 refers to US advanced degree holders while item 2 refers to advanced degree holders (resumably non-US educated). The 3 year restriction only applies to those who fall into item #2.

    So, if
    a) you have a MS from a US university, you and your immediate family (spouse and minor children) will not be subject to the 3 years restriction and will be exempt from the Visa Cap
    b) you have a masters or higher from an acredited non-US university, then the Visa Cap will not apply to you and your family, but you shouldd have worked in the US in a "related" field for 3 years.

    My question to everyone:
    Will folks in section 201 be required to get a Labor certification? If not, then this will provide relief to a lot of us stuck in the BECs.

    Knowledgeable folks, please comment.

    REMINDER: Any such bill is still MANY months away from seeing the light of day, if at all. BUT, favorable bills such as these give us hope.




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  • ArunAntonio
    07-09 06:08 PM
    Excellent job!
    But should we remove the contact number of Vikas Chowdhry from the article -- ??

    Done! Although we might get protests from people claiming this is more Munna Bhai than Gandhigiri!



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  • edd
    06-11 04:45 PM
    I know one of us got it. Any one else ?




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  • kunjirs
    02-26 09:39 AM
    Was not active on the forum for long time. Visited the forum for a question and came to know about Advocacy Days in Washington DC. Will not be able to attend due to family commitments. Thanks you all for your efforts for this event.

    Contributed $50; receipt number for this payment is: 4235-8095-3773-3845. I will also check to see if I have any air miles.



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  • ramus
    05-29 08:46 PM
    Great going... Thank you so much...


    In the past week I compleleted the following:

    1) Contrubuted to IV again
    2) Emailed 10 senators
    3) Also emailed two Senators from my state
    4) Emailed 30+ reporters of national news channels
    5) Emailed all local Chicago newspapers
    6) Emailed press release to 20+ Indian newspaper operating in US to increase awareness

    Will keep contributing....




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  • gk_2000
    02-09 08:53 PM
    Did you all see Donald Trumps answer to Piers Morgans question in Piers Morgan tonight program on CNN? that was not a surprise, but after his talk about China and India, that was a bit surprising.

    What question and answer?



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  • fittan
    07-09 02:40 PM
    Yes, that is understood.
    The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?

    I have not heard of any rejection. But, the fact that you're receving 1099-MISC means that you're not full time. In fact, you're not even an employee for the company. If you receive an RFE, I assume you'll need to produce paystubs (which the OP don't have). In addition, you won't even get 1099-MISC until the year end. In short, no proof to overturn RFE.

    IF the company can produce such a letter, technically it is a fraud since the OP is NOT a full-time employee. Replying to RFE with no proof and fraud intend won't fly.

    Fittan




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  • theOne
    05-04 01:52 PM
    I have mulled over different options in my head for a long time. Here are some things I came up with:

    - switch to a part time H1 (and do something else in your free time that you might find a little more fulfilling, i.e enrolling in PT grad program, starting a business (which you CAN do on an H1!!!), travel!!). I know there is the money factor but most of us are IT people and hopefully taking a cut will be worth the improved life.

    - begin your Canadian PR process. This takes a lot less time and honestly, I think Canadians are more cultured anyway. Leave these people to their Paris and Nicoles :)

    OK - I guess I didn;t come up with as many options as I had thought.... :)
    Are you sure you can open a business on H1B ?

    Thank you,
    theOne

    --------------------
    Donated ~$300 via paypal




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  • minimalist
    01-30 07:33 PM
    1) Read about how treacherous a path they take when they cross the border. The position they were in their home country is what drives them to risk life to get to a place where they can find a better life and moreover provide a better life to family back at home , whom they may not see even once in few years.
    Once you have a fair understanding of their path, in my opinion,you will never compare yourself with them and feel bad about few things that may have gone right for them.

    2)The government bringing them to the front of the line is definitely injustice to people who are already there in the queue as well as to those who are going to apply legally in future. They should make sure they don't get precedence over the current applicants and they have to make sure the don't create a block for the future legal applicants.




    And none of us should even complain when millions of illegals are suddenly made legal by the Government and they jump the line in front of us for no fault of ours and there are EB3s still waiting from 2001. The illegals have taken a risk right by jumping across the border and staying here illegally???

    :rolleyes::rolleyes:




    BharatPremi
    03-26 01:15 PM
    BharatPremi, I hope your predictions are either met or excelled. I will pray for the happiness for your future 7 generation :-). After waiting for so many years, even 2009 does not sound that bad. I know I have no right to complain since many in EB3 have been waiting for years before me.

    I also agree that porting to EB2 is not easy. A couple of my friends had their PERM labor itself rejected. I think waiting it out in EB3 may not turn out to be that bad. Or I do hope so....

    Thanks. Yes, if EB3 PD is on or before DEC 2003 then it would not be that bad now.




    gcformeornot
    02-01 10:00 AM
    employer. I know many cases like this, people approach these Bodyshoppers to get H1, or to convert H4 to H1..... many pay even H1 processing fees(which is illegal)..... just pray that after getting H1 they will get some project and the employer will pay....... they won't dare to ask employer.... becoz he can just revoke H1 and just be done with it...... many many cases....



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