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  • pkak
    07-13 11:45 AM
    They have no reason to pull the dates back. Most 2004, 2005, part 2006 people got to apply during the july07 fiasco. In the past, they have pulled the dates back if new applications flooded in when they pushed the dates up.
    USCIS will process in the following order now
    1. Pull out cases based on PD, review then approve/deny/RFE
    2. While waiting for RFE, process the next based on PD
    3. IF the RFE response window is outside of this fiscal, they will re-allocate the visa number to another approvable case.

    They will manage to process about 20k cases approving as many as possible by Sep30th2008.

    Therefore, only those with pending RFEs will be delayed into next year.

    USCIS is not all that inefficient or incompetent, not sure about DOS (to be fair, the Visa Office seems to have got its act together in the recent months)


    Where the visa numbers in Oct'08 will be will depend on how proactive IV is.

    Here is my take on the situation.

    DOS said that they used up 80% of EB numbers in first 3 quarters of Fiscal year '08, that leaves 28K (20% of 140K) visas available for last quarter of Fiscal year '08.

    Since higher priority categories are already current, this means that most of these visas have to be used by EB2 India/China.

    Hence DOS made it an option for USCIS to issue another 25K visas to EB2 India/China.

    See my analysis:

    I agree

    --------------------------------------------------------------------------------

    Quote:
    Originally Posted by justAnotherFile
    i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.


    Scanning the FLC database, 5978 Indian Labor applicants with Level III/IV wage rates benefit with this jump, vs 761 Labor applicants from China.

    Assuming one labor approval generates 2.5 AOS applications, and dividing the total AOS applications by 2 (attrition, I-140 denials, EB3 cases etc), approx 15K Indians benefit, vs <2K people from China.

    Add to this 04/01/2004-03/27/2005 Indian applicants whose labor cases were adjudicated by Backlog Centers (approx 6000 Level III/IV applications , assuming same ball-park as 5853 similar India applicants certified in Fiscal year 2006), approx 7.5K more Indian�s will benefit.)

    If USCIS uses these 25K visas, then in Oct'08, they get the first quarter allocation for Fiscal year '09, and my calculation shows that EB2 India/China will move to atleast Jul 1, 06 (based on 627 India/China Level III/IV labor approvals forthat period).

    If USCIS lets the 25K visas to go waste, then in Oct'08, PDs will move back to mid 04.





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  • Dhundhun
    07-11 01:29 PM
    issue one year EAD and milk more money

    First thing came to mind, almost everyone gets 1 year EAD. Perhaps it is not easy to decide who gets 2 years EAD. This movement of dates solves the problem.
    .. Most of EB2 gets 1 yr. EAD
    .. Most of EB3 gets 2 yr. EAD





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  • seahawks
    07-26 08:49 AM
    are they encouraging prinicipal aliens to "batter" spouses, so that they will be given permission to work:) Isn't spouses not able to work a pain by itself? Geez





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  • sanjay02
    11-27 02:42 AM
    Hi
    For all those who are doing Online MBA/part time was any one successful in getting a financial aid through FASFA? If not FASFA what are other alternatives? like loans from bank etc?

    When I applied for financial aid they told me that since I dont have my greencard Im not eligible



    Thnks
    Sanjay



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  • RNGC
    09-18 09:19 PM
    All I want to stress are these keywords in all our prints "Legal - Highly Skilled"





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  • kaella
    07-13 10:03 AM
    I think it was referenced some where else in this thread , anyways here you go

    http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf


    Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa
    number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand
    for numbers under these dates. (Priority dates of the first through seventh of a month are grouped
    under the 1st, the eighth through the fourteenth under the 8th, etc.)

    Source please... or are you just kidding ?



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  • lazycis
    01-19 08:50 PM
    When my Mother-in-law came here a few years back, she was stopped at the passport control. They wanted to ask a few questions, but as she does not speak English at all and they could not find an interpreter, they let her go after a few minutes. She just showed an invitation letter and did not say a word in English. It does work.





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  • mmrao2007
    07-14 05:15 PM
    May be you can submit AC 21 now. Just a wild guess



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  • bestia
    01-19 03:54 PM
    Its a matter of interpretation. Cops are not lawyers and neither am I. Arguing simply makes matters worse. None the less, you can argue as much as you want but if the cop has one on his mind and you have another, it certainly doesn't help your situation.

    Of course. Judges are the ones who interpret the laws. Officers just do what they are instructed to do. My point was just out of curiosity, how I think this law is being interpreted.

    But of course. My opinion is not only not to argue with officers, but don't even talk to them. When I feel that officer wants some "conversation" with me, my favorite response is "sorry officer, me no understand, no speak english". period. Smile to his face, keep saying "sorry". Don't show any extra document - just only what is required, nothing extra. Officer can be asking any questions, just hand him business card of your lawyer, say "my lawyer, talk him". as worse English you will use, as better it will be for you. My experience.

    When I first entered United States I was kept at secondary check for 4 hours (1999, IAD, Virginia). They kept asking me all kinda questions, it was no end. Finally I got pissed, I said "Sorry, I don't speak English good" and started playing with them. I took my dictionary and starting looking up every word. My next answer took 5 minutes. In next 5 minutes a woman walked to me, handed my documents and said "Welcome to America".





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  • nogreen4decade
    07-15 01:36 PM
    I think you are in. Good Luck!
    Mine is 3/21/06. So close...yet seems like so far :(
    Mine is 03/20/2006. I know what you mean by so close, yet so far! I am going to complete 11 years in US soon :(.:mad::mad::mad::mad:



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  • abhijitp
    08-03 02:25 PM
    According to the person I spoke to:
    1. I will be issued an RFE if my AOS packet did not contain the EVL
    2. Once the A# is issued, that means the application has been accepted, so no outright rejection can happen, however RFEs can be issued at a later date.





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  • seeker999
    08-11 03:23 PM
    August 15th being Independence day.

    In lot of cities we are having India day celebrations. Especially in Major cities. Senators are being invited. We should take this opportunity to explain and leave a flyer or something. One such example is

    Welcome to India League of America - Michigan... (http://www.ilamichigan.org/events/index.html)

    I will be there and make sure the voice is heard. Do we have any standard document or something.

    I personally know that almost all congress men call and ask the presidents of these organizations what is it that your community needs...so this will be right opportunity to push the presidents and the politicians of these organizations...

    Just my thoughts...



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  • reddymjm
    06-03 07:15 AM
    I stayed in US for full 5 years on L1-B visa and left US on 6-Jan-07
    This year I applied for H1-B and my application got selected in lottery
    Need your help in clearing my below doubts..

    1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and the day I'm going to enter US so that I can stay in US for another 6 years on H1-B. Is my understanding correct?

    You will get 6 years as you were never on H1b before. See below I copied this from Immigration-law.com.
    Devices to Delay the Reach of H-1B Six-year Limit: Assuming one has to rely on 106(a) route because the pending labor certification has yet to be certified, one can consider one of the following devices:
    Overseas Trip and Recapture of H-1B Time: Currently, any period of time spent outside of the U.S. can be recaptured. This will allow stretch-out or delay of reaching the six-year limit and making him/her qualified for 7th-year H-1B extension.
    Change of status back and forth between H-1B and H-4 if both spouses are H-1B professionals: The Aytes memorandum decoupled H-4 from H-1B and any period in H-4 status will not count for H-1B six-year limit. Again this will delay reach of the H-1B six-year limit. Since they have already taken out H-1B cap number, they will not be subject to the H-1B annual cap and will be able to change back to H-1B anytime, even during the period of running out of annual H-1B cap numbers.
    Change of status back and forth between H-1B and other nonimmigrant status: Aytes memorandum made it clear that one does not have to maintain H-1B status to apply for 106(a) or 104(c) H-1B extension beyond six years. Again this will delay the reach of H-1B six-year limit and making them eligible for 106(a) or 104(c) extension.

    I would say talk to an attorney. You can talk to Murthy on Murthy.com chat.
    Find more details about Aytes memorandum
    2) Is it OK to go for VISA staming before 6-Jan-08?
    You can get it stamped.

    3) Do I need to consider any other facts than 1 year gap so that I can stay in US for another 6 years?
    Looks like nothing needed. u can come in asap.





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  • va_jan_03
    12-13 09:44 AM
    I am sure the IV core would have thought about this option of contacting USCIS and let them know the problems because of retrogression.

    But I like the idea of collecting 10$ for the fax and creating awareness. Lets move.



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  • spatial
    01-18 11:46 AM
    We need at least 1000 members signing up for the monthly contributions in a month. I am sure we can do that. We have 8000 members and it should be easy. Till now we have only 100 signups
    Thanks IV core group. Signed up for $20/month. Please continue your efforts.

    I am from Chinese community and registered IV just a couple of week ago. There was no email message to me regarding this movement, and some other registerd users may encounter the same situation. You may need to resend them. Only when I opened IV website yesterday did I know this recurring program and current situation. I am assuming IV is the only group who are pushing to get the I-485 relief for high skilled workers with advanced degree. There are MANY MANY Chinese in the same situation but I guess there might not have so many Chinese in IV. IV core group may think of some better way to reach more Chinese or other people. Basically, we are on the same boat for the same direction. Better to concentrate all resources to reach one goal. I would suggest IV to setup a seperate Chinese (and Hispanic) contribution page to diverse the culture background of IV members.

    Subscription Payment Sent (ID #2PX91085T34540611)
    In reference to:S-19881018DS353430X





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  • meridiani.planum
    08-07 02:38 AM
    Hi Sachug22,
    Some of the data you specified does not add up well. For example 2006 India, EB-total is 17,358 but 3,156+3,720+3,006 adds upto 9882.

    Any idea?

    Type 2001 2002 2003 2004 2005 2006 2007

    EB1-All 41,672 34,168 14,453 31,291 64,731 36,960 26,697
    EB2-All 42,550 44,316 15,406 32,534 42,597 21,911 44,162
    EB3-All 85,847 88,002 46,415 85,969 129,070 89,922 85,030
    EB-All 179,195 174,968 82,137 155,330 246,878 159,081 155,889

    EB1-I 3,543 2,820 1,266 2,998 6,336 3,156 2,855
    EB2-I 21,355 21,310 8,536 16,262 16,687 3,720 6,203
    EB3-I 16,339 17,354 10,647 19,889 23,250 3,006 17,795
    EB-I 41,720 41,919 20,818 39,496 47,160 17,358 26,853


    Thanks

    that difference in numbers between total(EB) and total-india-GC for 2006 is because of a special provision of 50k visas made for schedule-A (nurses). Folks from Philippines and India took a big chunk of those visas. There was a lot of discussion of that on IV, because those 50k were recaptured visa numbers, which instead of being put into the general pool, were all given to schedule-A.



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  • Saralayar
    03-09 06:48 PM
    Both 1A and 2A category for Family Based (sons, daughters, spouse - of citizens and green card holders) has better dates (15th Aug 02, 15th Aug 2004) than EB-2 India, and EB-3 India.

    This is so preposterous, words cannot even begin to describe this absurdity.

    So those of us who have been in U.S. for almost a decade, have been contributing to this society, and have held our life in constant limbo, are being given a lower priority than those who are still back in their own country and living a happy life and who can now immigrate to U.S. based on family immigration.

    Do the lawmakers have no common sense left atall??

    Check my threads on Citizenship. Ask for citizenship directly if you are living here for more than a decade...





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  • godbole_sanjaya
    01-17 08:33 AM
    Hello All,
    How about flashing the total contribution so far and the amount pending to make the target on the home-page?

    Hopefull, this might be inspiring.





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  • snegrust
    09-19 11:39 AM
    Congratulations to all of us for having marched yesterday, I was extremely impressed with the level of organization. Salut to everyone who made it possible.
    However, I have a whole bunch of points, sorry if they come out strong....

    1) I absolutely agree with the 'Legal' Immigration issue, we did look as if we were immigrants and not defined as legal, I think high-skilled is secondary to the legality... This is one of the reasons I have not purchased merchandise, as it looks like it addresses immigration as such. I think banner by Chinese group exphasizing the legal aspect looked very impressive..

    2) It was obvious from speeches on Monday night and yesterday (friendship between US and India comments, etc) that this is seen as an Indian issue. Unless you are trying to show it as such, something has to be done about it. Non-indians were marching with you as well, and next time effort should be made to put together Indian, Chinese and whoever else when putting pictures, RollCall for example, or talking to the press, or talking to representatives. I have expressed my desire and submitted all information to the person in charge of organizing meetings on Capitol Hill, but was not provided with this oppportunity..
    Basically, it was clear that, as of now, even many representatives see the issue as Indians versus Mexicans... Not a good idea....

    3) I thought that some of the signs were extremely offensive to the Americans "We brought you yahoo/hotmail/google" and as such... if I were an American contemplating about my views on the immigration, and if I were as patriotic as many Americans are, I would be upset with the messages putting down local brains...

    4) It was a very impressive effort by Chinese group, thumbs up. Although very strange that so ew of them showed up. My CHinese colleague who alreday has GC and helped distribute info to his friends, told me that all 5 Chinese papers in the area had big announcements about the Rally

    5) I agree with disappointment about local people, it seemed like there were many more members from CA, NY and other places than VA/MD/DC, we should all be wokring on raising awareness.

    All for now
    Agains, congrats to all of us





    mallu
    04-24 09:34 PM
    Hi

    After long haul of almost 5 years , today I got the approval email for my 485 filed in June - 2007.I guess my wife's case should be approved soon.Last when spoke to TCS IO , I was told that biometrics is needed in my case but still they can approve & later send me the notice. I guess only after that I might get the physical card.

    Had anyone experienced this scenario ?
    Anyways I want to thank everyone on this forum,immigration portals, folks & every other support that I have got in this long process.

    I will always be there for everyone on this forum or in any other way I can help to every legal immigrant who is waiting for the Green Card.

    Thanks a lot

    Priority date - 05/2003
    140 approved - 10/2006 from TSC
    485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
    CA, EB2
    Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
    Wife's case RD- 7/10/2007
    I131,I765 approved for both -Nov 2007
    I485 approval mail - 04/24/08 - Myself
    Waiting for spouse approval, physical Cards

    Congrats ! Good to know that TSC is picking up India EB2 cases for approval ( whatever be the random order they have ).





    vagish
    04-04 02:51 PM
    The Durbin-Grassley bill would prohibit employers from hiring H-1B employees who are then outsourced to other companies. This is a method that some companies use to evade restrictions on hiring H-1Bs.

    http://durbin.senate.gov/record.cfm?id=271783
    only if the bill passes in its current form with no amendments, which highly unlikely.



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