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  • bayarea07
    09-12 06:43 PM
    I agree that we have many silent well wishers and this is our last chance though we have oppositions by Number USA and Programmers guidl but colletively we are more strong then them
    Who in America cares to go on their site and send a fax or call senators, only the ones who are suffering like us cares to do that

    let's keep trying....last ball main sixer lag sakta hai ;)

    we have US (IV), competeUSA and many silent well wishers

    So, DO NOT LOSE HOPE....:)

    lets keep our focus on doing the right thing - call lawmakers





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  • ski_dude12
    09-24 09:41 AM
    Has your I-485 been approved or you have got an RFE?


    Congrats!!

    My attorney's office contacted USCIS and was told that USCIS has current address on system :cool: They told that since the case is waiting for RFE it must have happend by mistake :confused:





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  • sdrblr
    08-20 11:36 AM
    are they talking about calling from US to any India #? this sounds ridiculous.





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  • aps
    10-29 01:05 AM
    Please refer the url, one of the iv member has stated his friends denial case.
    http://immigrationvoice.org/forum/showthread.php?t=21716&page=21

    From IV: IV commends the initiative taken by it's members nk2006, pd_recpaturing, ItsNotfunny and others. As these members have observed, we all know that any one who has filed for AOS/I-485 can potentially be hit with this issue, especially in the current job market situations. If you believe in the old adage prevention is better than cure, this is an action item you have to subscribe to. It will be only a matter of time the number of such denials is going to spike.

    In recent weeks there has been a spate of I485 denials by USCIS in the AC21 cases. In most of these cases, the underlying I-140 has been revoked by previous employer. But AC21 regulations and related memo�s require that I485�s should not be denied based on that � provided I485 has been pending for more than 180 days and the applicant has changed to a new job that is same or similar. USCIS has been rejecting cases without even issuing a NOID � again required by AC21 regulations. So USCIS is not following AC21 regulations and related field memo�s for whatever the reasons.

    Obviously this will have a very bad impact on us � in addition to tremendous amount of stress it can have very bad economic implications including loss of job. In the current economic conditions we cannot afford to lose the job change flexibility provided by AC21 regulations. IV has started a campaign to fight this.

    After a brief campaign to write to Ombudsman, it has been decided to intensify this campaign and write to various officials in USCIS hierarchy. IV core members have been actively involved in coming up with a strategy and are actively supporting this effort. By sending large number of letters we can draw their attention to this issue and resolve as quickly as possible. There are other strategies that are being discussed and will be underway soon to tackle this issue. This is the first and the most important step up on which other steps depend.

    I request all the members to start sending the following 4 letters. For your convenience the letters have been completely written including addresses to be sent � all you have to do is download following 4 google documents � add the date, your name and address � and send it to the address provided on each letter.

    http://docs.google.com/Doc?id=dcqssdt7_1d3mzhr6c

    http://docs.google.com/Doc?id=dcqssdt7_2fp3nrhvb

    http://docs.google.com/Doc?id=dcqssdt7_3d8h2x7dr

    http://docs.google.com/Doc?id=dcqssdt7_4fxnvq9tw

    To reiterate: You have to send 4 letters � these letters can be downloaded at the above URL�s. Edit the document to add current date, name, address etc. and mail it (regular mail). After doing that, please update the poll so we know how many letters are being sent.

    To get more background on this issue and see what has been done so far, please see these two threads: http://immigrationvoice.org/forum/showthread.php?t=22052;
    http://immigrationvoice.org/forum/showthread.php?t=21716

    To achieve positive results we need to send these letters in large numbers - please send them today and let everyone else be aware of this effort. Thank you.

    Request to core/web site admin: can you please add a link to this thread on the IV main page to get better coverage to this campaign - thanks.



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  • sundarpn
    01-28 05:10 PM
    both H1 were approved from the same USCIS center? the one which is stuck in PIMS, which service center it was?

    good point.

    We need to track the H1b approval date and the service center that approved it.

    For those who don't know, the first three letters of the receipt number in you I-797 H-1b approval notice indicates the service center.

    Like SRC is Texas, EAC is Vermont, LIN is nebraska and CSC for california.

    Please include this info too.





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  • neelu
    10-12 07:42 PM
    Thank you, FatJoe, for sharing your experience.

    Would you mind sharing which state you reside in? I am wondering if anyone contacted Maryland senators/congressmen.

    Neelu:
    My attr said that uscis does not follow any chrological order to approve cases. Rather, it takes any 485 application filed before Jan 22, 05. So, your point on "giving more time" won't work here.
    This is what I did. I did not get GC yet though, but got to know where I'm at.
    1. Contacated NCS numerous times and raised two SRs.
    2. Took inforpass a couple of times. Infopass IOs have more detailed info about our cases.
    3. Contact Senator requesting that my appln be assigned to an IO, and it was done so. It is with an IO now. Hoping and praying that my IO picks up application to approve it this week.
    4. Contacted Ombudsman late last week. Hoping to get some good actions taken on my application.
    5. You might consider contacting Janet Napolitino as well.

    All the best.



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  • jamesbond007
    11-04 10:14 AM
    Admin: If you like you may please close this thread.
    Final update on this issue.

    Here is what I have been told. Please feel free to check with AILA or your lawyer. They may have more info.

    In general, if an employer applies for a permanent labor certification for an individual with the Department of Labor (DOL), while DOL has already certified one or more positions with same or different employer for the same individual , it will be subjected to more scrutiny to prevent any fraud.

    Thank You and Good Bye!
    Happy Porting !

    I think multiple labors has multiple faces:
    1. Good talent is sought after. So if one is really good, multiple companies would want to get them to work for them. That would result in multiple labor petitions.
    2. Individuals who are scared (company not reputed; they had issues in the past; or any other reason) tend to approach multiple companies and have them file a labor for them as a "backup".
    3. Someone gets laid off from their initial sponsoring company finds another sponsor and files a subsequent labor.

    If DOL scrutinizes such petitioners more than others, then its good. That will weed out pretenders; but also on the other hand, that will put genuine candidates petiotions into a pre-adjudicated state.

    But I do not think a government agency can risk getting caught doing that. Their motive has to be to build standards that can be applied equally to all applicants across the board. They should be able to catch issues with any application, not just of those who are doing multiple LCAs.





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  • hinvin66
    09-20 01:34 PM
    Hi pat123

    The details are:

    RD: 8/07/2007
    ND: 9/17/2007


    Hi hinvin66,

    What is your I 485
    NOTICE DATE? IS It 9/18/2007?



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  • gc28262
    09-24 05:50 PM
    Good Question. AC21 usage introduces a "Chicken Or Egg" situation. Our limitations 1) Till we interfile we have to show us fulfilling EB3 job calssification related obligations ( that also is a "future" postion in reality). Now if EB2 application is from "same employer" then that employer can logically produce the letter matching EB2 level experience after "real and natural skill progression" only to prove that you are fit for more advanced skill level job in other words after wait for 2-3 years.

    Many of us could be over-qualified for our current EB3 position (after so many years of wait) and is accepting the current position only to strictly adhere to "same/similar" job classification. In that case employer can file a GC for our real qualification i.e. Eb2.





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  • kumarc123
    08-07 11:52 AM
    Man...looks like you will turn anti-immigrant once you get US citizenship.
    Whats your real problem?

    HAHa:)
    Good one



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  • 485Mbe4001
    09-29 12:27 PM
    I understand your point of view, I used to work in solar energy. When i completed my post graduation most of the jobs required a USC (this was 10 yrs ago). I had to switch to software related jobs.

    For me the number one priority is how Obama will handle the Skilled immigration issues. will he guided by Sen Dick Durbin, who at the moment seems to be his policy wonk. That will be a disaster for us. They have no intension of supporting skilled immigrants. We will will have to make some serious decisions if he is elected.

    How many of us want to continue to stay in limbo...i dont.





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  • anura
    04-07 08:38 AM
    This prediction business is done just to derive satisfaction of doing something towards a goal. This is especially true when one can do very little to get to that goal and it all depends on many other factors. Yet predicting the PD is not a bad endeavor by itself. That being said, predicting PD is not an easy math without knowing the PD of the last pending application in a category with the CIS and many other numbers. If I am right, I believe even the DoS and CIS have trouble with it.

    This what one Mr. Oppenheim says, "This situation will allow me to advance the India EB-2 cut-off date for May". That is it. So the PD will move in May unlike in the past when it moved in June/July/August in a FY. My understanding at this point is that there is no way to predict what will happen to the PD in May VB. THere are just not enough precise numbers available to do that. The May VB may come on 8th April and the numbers that are accounted for in it might be as close as 1st April'11. We do not have that number with us.



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  • whitecollarslave
    01-11 02:31 PM
    Guys the race is on! Anti immigrants are onto our campaign. see this link!

    http://www.alipac.us/ftopict-97988.html

    Are you ready for the showdown? Lets send as many letters as we can!!

    I don't understand where is the conflict here. The website above - ALIPAC - is "Americans for Legal Immigration". From what I read in their website, they want to stop illegal immigration and they support legal immigration. Unless they have a hidden agenda, they should be supporting IV's letter campaign.

    How is this in conflict? Am I missing something?





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  • immigc06
    06-21 08:37 AM
    Hi Gurus,
    Please advice on the following situation. If you file a 485 thru company B as future employment(used substitution labor) and if company A for which i am currently employed agrees to file labor and assuming the dates would be current and labor is approved. Can i cancel the 485 applied thru company B and apply thru company A for which i am currently workin?
    Appreciate your replys.

    Thanks.



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  • Leo07
    09-23 04:15 PM
    I guess we'll need to ADD to that number:
    1. BEC stuck folks who could not file in July 07
    2. PERM approvals starting August 07

    to the 47,728. Plus multiply by 2.1( for dependents ). That'll give the total VISA numbers required for this category to make it Current.

    If I have to guess-- (1) would be very less, may be 100-200 max
    (2) around 5000 ( just a PUMA)
    So, there are about 53000 EB2 I applications. and 2.1 * 53000 = 111300.

    If we can create 111300, EB2 I visas then it'll be CURRENT. easy:)





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  • glus
    07-11 07:13 AM
    I am happy this was already posted. My story finally got outhere.

    Jakub



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  • spatial
    08-20 01:17 PM
    That is not true...If you look at the Visa Bullettin, it says

    First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

    Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any umbers not required by first preference.

    Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".


    Based on the above EB1 spills over to EB2 first.....Eb3 gets unused EB2.
    EB3 gets EB1 only if it is not used by EB1.

    I'm EB3-I with Oct 2003 PD and I understand your frustration. There is hope only if a legislation change happens. Based on my calculation, there are about 50K to 60K EB3-I pending before me.

    Thanks,
    G


    It is not true. The orignal text in IMMIGRATION AND NATIONALITY ACT says "Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

    Beyond 28.6 percent, there is no words/requirements from the law that EB1 should spillover to EB2 first, then EB2 can spillover to EB3. It is just saying that EB1 can spillover to EB2, EB1&EB2 can spillover to EB3.




    "





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  • gans
    09-24 05:41 PM
    Are we missing another important information in the calculations here? Taken from the visa bulletin - "2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320."

    For example, in the case of India, there cannot be more than 25620 [7%(226000+140000)] + 7320 [2%(226000+140000)] = 32940 green cards/year (excepting the spill-overs) inclusive of family and employment based categories (and their different quotas).

    I guess, unless we get the numbers for family-based applications, similar to EB-485 that has just been released, the conclusions are based on approximations and assumptions, although I wish to point out how much I have learned and appreciate all the analysis here.

    Because, if there can only be 32940 green cards for all people (family + employment) from India in a particular year(excepting the spill-overs), the employment-based green cards alone are 1960(EB4) + 1960(EB5) + 8008(EB1) + 8008(EB2) + 8008(EB3) = 27944. Does it mean that there are only 32940-27944=4996 family based green cards for India/year (excepting the spill-overs)? And also, I believe that family-based has a higher priority than employment-based as a result of which the spill-overs are larger for the former.

    Does anyone seem to agree with me?





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  • pranju
    06-15 11:42 AM
    Is it mandatory to submit Form G-28 ?


    G-28 is for lawyer if u r gettign the help of lawyer then yes , if yrelf then no ... but please confirm with others too - thanks





    yagw
    08-16 06:13 PM
    Am a new member here. Thought of posting the follow-up activities I have done till now and the results for the same.

    Details:
    PD: Oct 2005
    Center: NSC
    I485 RD: 07/26/2007
    I485 ND: 08/24/2007
    FP done only once in 2007 (forgot exact date).

    Follow-up:
    08/03/2010: Opened SR for primary (self)
    08/05/2010: Sent email to NSCfollowup. Got reply that this account address is for following up on open SRs.
    08/09/2010: Infopass appointment, did not get any useful info other than that case is being processed
    08/09/2010: Opened SR for Secondary (spouse)
    08/12/2010: Got response for 1st SR. Main gist of reply was that due to pending caseload in Nebraska, the processing time for my case has been extended :(. But the statement that got my attention was "Your application remains awaiting review by an Officer and you will be notified as soon as a decision is made. The Service is waiting for VISA availability." So called helpline again and was able to get to 2nd Level IO. She said that this statement is a mistake and that Visas are still available. Also confirmed that my case is with IO. However she said that I might be required to do FP again. The FP might be causing the delay.
    08/13/2010: Contacted local congressman and asked help for following up.
    08/13/2010: Send letter to Ombudsman

    Latest status: Still waiting, not sure what other action I can take.

    You are doing the right thing. Don't give up. Contact the Senator, if you have any other application pending (like EAD or AP) call them and try to find the status of it. Open an SR for it if needed etc...





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