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  • Edison99
    05-26 02:50 PM
    Yes, I think so sparky_jones....





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  • dkshitij
    01-04 01:19 PM
    I am renewing my passport at Houston and sending it via mail. I was on F-1 originally and changed to H1-B last year. I do not have a H1-B stamp yet. What visa document or visa photocopies should I attach? Do they have to be notarized?
    I have only have the new I-94 showing my H1-B status.

    Thanks.

    Another thing, my employer has the original approval notice I-797, I only have the I-94 part of it.





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  • obviously
    05-16 08:31 PM
    Let us consider contacting the following very powerful writers and commentators with a personal email! Keep them short and sweet, but send a note requesting their attention and support.

    Admins, please consider sending them a note with more details, from your perspective.

    Aziz Haniffa
    Chief political correspondent, India Abroad
    azizhaniff@aol.com

    Fareed Zakaria
    Editor, Newsweek International
    comments@fareedzakaria.com

    Charlie Rose
    CHARLIE ROSE INC.
    731 Lexington Ave
    New York, NY - 10022
    Phone: 212-617-1600

    Sree Sreenivasan
    sree@sree.net

    Thanks.





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  • a1b2c3
    06-25 08:40 PM
    Wake up. :D You are responding to 2008 post.

    Sure. But it doesn't change a thing. Would've said the same thing in 08. By throwing a bone (EAD card) USCIS have played with EB3 indians and have very effectively throttled the green cards.



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  • WaitingBoy
    05-22 06:11 PM
    Labour filed: 11/02/07
    Audit : 1/16/08
    Replied : 1/25/07
    Service Center: Chicago:eek:
    Category : EB2
    Status: Pending





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  • PD_Dec2002
    05-15 01:39 PM
    I am looking for advice on the strategy for filing the third phase since the PDs for my wife and me have become current. My PD is Feb 2003 (EB2) and my wife's is June 2003 (EB3). My wife and I are on 8-th yr H-1B extensions with approved I-140s. Which strategy makes sense and are they even valid? The objective is to go with a risk-free strategy that gets us the GC in the quickest manner.

    1. I apply for I-485 (AOS) using my PD, with my wife as dependent. And my wife applies for I-485 (AOS) using her PD, with me as dependent.
    2. I apply for I-485 (AOS) using my PD, with my wife as dependent. And my wife applies for Consular Processing using her PD, with me as dependent. OR vice versa.
    3. Any other option?

    Thanks,
    Jayant



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  • Indo-Canadian
    08-31 12:34 PM
    I am a newbee on this site and looking for expert advice...
    What are the chances of getting PERM audited should we apply first week of Sep-2008? Does my Canadian Citizenship of any help once PERM is approved? (Touch wood!)

    Thanking you all experts in advance for your reply.





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  • santb1975
    04-09 05:53 PM
    The trainers volunteering for our cause are US Citizens as well.

    --
    Great, we need support for American citizens. This helps



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  • cnag
    08-08 05:03 PM
    The status on my son's EAD ( first time) changed to card production ordered, while EAD renewal of myself and my wife still shows received and pending. All three applications were e-filed (TSC) on July 4, 2008.





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  • AllVNeedGcPc
    09-24 06:13 PM
    ... there was a time when it used to be horizontal spillovers. i.e. remaining EB3 from other countries used to go to EB3 I/C/M, and remaining EBx from other countries used to go to EBx I/C/M. (same level to same level)

    At that time EB3 I used to get around ~15K-20K, from other countries. Then all of a sudden USCIS started vertical spillover, i.e. any remaining numbers from other countries no matter what EBx, will go to EB1 I/C/M and then fall to EB2 I/C/M and then to EB3 I/C/M.

    This way EB3-I gets nothing as everything is consumed at EB2-I level.

    If there is a way to get USCIS to start horizontal spillover again, then things can get OK, as USCIS does not need any law change, or any legislation change for this policy.

    How can we confirm the spillover interpretation. I am not familiar with the spillover rules but my understanding was that only if there in an excess in EB2 then the spillover gets down to EB3. Am I wrong or as per rules should spillover be distribued equally? If it has to be distributed equally then we need to do a mass mail or something and ask USCIS to explain. Even if 50 of us send letters to USCIS ther mihgt be some action.



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  • vgayalu
    01-13 10:58 PM
    Now EB2 is also stucked at2003 Jan.
    It took 11 months to move 8 days. When Eb3 get into retrogressionevery one started filing in EB2. I think if nothing comes relief like SKIL \ CIR better to stay wit EB3 - Mar 2004.


    I think with in one year EB2 and EB3 wil get same priority dates.

    It is upto you.



    Hi,

    Have a EB3 NON-RIR pending at BEC with PD: March 2004.
    --Completed MBA in IT in may'06

    Should I wait for the eb3 non rir to get approved or can I go ahead and file the EB2 in PERM from the same employer for a different job opportunity while eb3-non-rir is pending ?


    thanks in advance,
    GA





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  • MeraNaamJoker
    08-03 04:40 PM
    Last Update Date. You can find in case status site

    Thanks Saro28

    My LUD is September'09 (09/15/2009). I have no clue why touched my came on that date.
    It is the LUD for my wife too. But for both of my kids, LUD is October '09 (11/19/2009)



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  • rmdsouza
    06-18 08:40 AM
    Immigration reform will not take place unless the lack of reform costs the government. Now, we all know that H1-Bs pay Social Security Tax and Medicare Tax. Also, according to the rules, we are not eligible for the benefits. Considering the average pay of a H1-B is $60000. This unfair tax amounts to about $2300 per/year/person. Now there are about 350,000 H1-B stuck in Labor for the past 2-3 years. The total amount in unfair tax is nearly
    $2.4 BILLION!!! (I am being very conservative about this figure)

    Maybe they will pay attention if a lawsuite is filed to recover these taxes..

    Just my two cents worth...





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  • susie
    10-10 11:34 PM
    and attach this



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

    APPENDIX: REFORM SOLUTIONS

    The Need for a Compassionate Visa

    A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:

    * US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
    * Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
    * Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
    * To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
    * Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.

    INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))

    Current Provision in INA, section 203(h)

    �RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
    (1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--

    (A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
    (B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.

    (2) PETITIONS DESCRIBED- The petition described in this paragraph is--

    (A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
    (B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).

    (3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''

    Explanation

    The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.

    Problems

    The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.

    Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.



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  • Imigrait
    09-02 07:09 PM
    It is very hard to pass 28 sleepless night....:):) Hard to make it thru even one...

    I know, especially since last year I sat around for 2 months(Aug and Sept '08) when I was current, hoping my file would be touched. What did Obama say "HOPE" ? I guess that's what we're living on. It could be a "MIRAGE" too :rolleyes:.





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  • snathan
    03-25 10:47 AM
    believers or non believers.

    If for a social and noble cause, I can *donate*. If asked for what IV did, I cannot *participate*. if explained what we can change and with transparency and patience while eating a humble pie, i can *participate* *contribute* *put IV on a map* *market* Well thats just my view.

    Nice analogy but note that IV for me is like samplers. If I like what is being offered, I would donate. If I want some thing to be given as sampler, I will buy, contribute and market it. I cannot donate for samplers which were given before I knew abt it, even though some good people got benefited.

    You will not talk all these analogy if you dont have the precious EAD. Since you have it.. well. If you dont believe it, just keep quit rather than berating IV and other's effort.



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  • saggita
    05-27 09:00 AM
    Has anyone asked attorney whether we can write our case number on the complaint letter without asking employer since LC(PERM) is filed by employer and the case number seems to belong to employer.

    My HR and company hired attorney are always not cooperative to my GC and I want to clear things.

    Don't take my question negative. I am fully supportive this 100% and appreciate guys very much. I am happy that we are doing something to make things better.





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  • amslonewolf
    10-08 03:54 PM
    Your analysis doesn't include the impact of LC substitutions that happened.





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  • ingegarcia
    05-02 11:10 AM
    Seems to be they are centalizing everything in Atlanta.... Not sure if this is causing the delays though


    ==> 05/02/2008: PERM Application Adjudication Centralization Process in Progress

    "Officially, the launch of the PERM labor certification application centralization at the Atlanta National Processing Center will not be completed until June 1, 2008. However, under the transformation schedule, when the Chicago National Processing Center issues "audit notification" on or after mid-April, 2008, the employers are required to submit responses not to the Chicago Center but to the Atlanta Center. Consequently, these cases are de facto centralized at the Atlanta Center even before June 1, 2008."

    Complete news here...
    http://www.immigration-law.com/Canada.html





    achiever2001
    01-20 12:39 PM
    Very few will come here if you mention about contributions in the title.

    Well, if not that, at least make it obvious that it comes from the right source. I misunderstood this thread as somebody making malicious attack at the core group and disregarded it (though it has been started by a core member). It would help if we can understand who started the post (Like we can do, when we check the india-forums for the TV shows), so that people understand the importance (This may seem as nitpicking but it does make a difference because we dont read everything).

    On a second note, even after giving the correct email, i have not received a email from IV like some others have mentioned, after the introductory email after joining in the first time (It would have made me do the pledge earlier if I had gotten the email considering that many of us are infrequent loggers and have a busy travelling schedule).

    Just a thought.





    mohanty999
    09-01 09:57 AM
    Any EB2 India approvals yet?



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