Tuesday 28 June 2011

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  • tonyHK12
    04-07 11:04 AM
    And then people will argue about how many arms does an octopus have :D

    We could use a free volunteer octopus. do we have leftovers from the reception? :)





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  • abuddyz
    01-08 09:55 AM
    Dear Smisachu/ and others:
    I was also planning to go to Kolkata this summer to extend my H1B for another 3 years. Now, I am so scared reading all about the PIMS verification; delay of issuing visas; and returning passports. I am also sacred because I did not apply for any AP because at the time of applying for my 485 my H1B was valid (in fact it is valid till July 08).
    So, what would you guys advise me to do:
    (1) Go to Kolkata (with my 485 receipt notice, original) and return before my
    current H1B expires in July 08? Or, (2) apply for an AP (it is my understanding that AP is rejected by USCIS if someone has a valid H1B)? Please advise. Thanks.

    this is my thinking... number of cases which are getting delays due to this PIMS check should be considerably less when we calculate in terms of percentage... all the persons who are getting passport quickly may not be coming to these forums as they will be busy in their India trip (though there are few people who posted and I salute them). And I guess whose passport get delayed .. most of those must be coming to such forums... so in terms of percentage it might be 10% or less of cases.. so if we decide to go for stamping, there will be risk of passport delay but the probability will be less...

    these are just my thoughts.. no other source of information.





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  • nish
    06-16 10:09 AM
    Thanks for your reply.
    what is the meaning of staff augmentation case? He work at client place and client is administered project.The s/w tool is copyright by client.The reason for asking him to come back is that prior to this company he worked for another company for two years. He left his old company before 5 year. when he joined his current company he has provided all the document mentioned in checklist such as offer letter, exp and releiving letter and last two month pay stub and they did BG for same document.During 5 years career he worked for diff client and everytime they did BG for him before putting him in project and there was no problem happen in his BG. recently his current employer find something wrong about his prior company and they asked him to provide more evidance for prior company.now he don't have any contact of his prior employer and he does not have any more evidnace for showing their company.
    Because of this reason they are asking him to come back home country from last two week.He told his company that he tryed to connect his prior employer but he can not make out and he don't have anything more to show the company.

    Please suggest what he can do in this situation.
    If anyone come across in this situation then please reply to my question.
    Appericiate your help in advacne





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  • roseball
    09-24 08:39 PM
    Any body know why there are 3341 cases in March 2005 in EB2 I category, is this about the time PERM came?With out quarterly spill over bulletin is going to get stuck in March 2005 till the end of the USCIS financial year.

    Yes, PERM was introduced on 28th Mar'05. I guess the high number of EB-2s was due to employers rushing to file under the old system.



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  • simple1
    06-10 01:47 PM
    Sorry to hear it.

    Quick question:
    Aren’t intra company transfers supposed to work primarily in sponsor company locations?

    I heard they can serve and visit clients, but can they be based primarily in client’s location ?

    Hi Guys,

    I am pretty new to the forum (as a member), I have been browsing the same for quite some time and found it a good source of information regarding immigration related activities. Right now I am getting removed from my project as one of the top 3 Indian outsourcing firm is dumping their L1 resources at my client site and replacing all the citizens, GCs, EADs, H1 etc. These resources are used in projects managed and controlled by my client (most of them are consulting assignments) and these resources are used on java/.net/oracle projects, these two are violations of L1 visa restrictions set by USCIS, I want to know how and where to complain against this violation and we have all evidence to prove the same (project documents, time sheets, work assignments etc). Please let me know exactly and to which agencies we should complain.

    Thanks in Advance,

    Srini





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  • eastindia
    11-16 04:16 PM
    Vonage reaches settlement with states - Business First of Louisville: (http://louisville.bizjournals.com/louisville/stories/2009/11/16/daily11.html)



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  • HumHongeKamiyab
    06-21 03:19 PM
    No original.. Only photocopy

    Do we have to submit the original birth affidavit with 485 or just a copy?





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  • sankap
    09-11 09:42 AM
    Today (9/11), I got the I485 approval emails for me and my wife:

    ***
    The last processing action taken on your case

    Receipt Number: xxxxxxxx

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Your Case Status: Post Decision Activity

    On September 10, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
    ***
    The status online shows as: "Post Decision Activity."

    I had opened an SR last week and also had my lawyer send an email to the TSC Streamline address--not sure whether they helped. Also, there was a SLUD 9/10.

    It's been a long journey--came to the US in 2000. Thanks to IV and everyone on this forum, and wish you all get greened soon!



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  • krishmunn
    04-07 10:47 AM
    I guess, we need to hire, one octopus for every months' prediction. That will be cheaper, instead of we put our brain in predictions.

    People are not contributing for Advocacy day and they will contribute to hire the octopus ?? :rolleyes:





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  • vdlrao
    03-31 02:58 PM
    Very well said.
    1. DOS has to move fast in May to test if there are hidden demand (ppl who missed 07/2007 filing, porting, dependent filing). Those new filing cannot get be approved before October 2011. So they can move up to Nov/Dec 2006 safely in May. Also DOS/CIS, who communicate with each other for sure, will know they should process those pre-adjudicated cased first to clear the inventory.
    2. In June, July, August, they could be cautious but still move ahead up to March 2007.
    3. September is critical, as that time, if DOS doesn't want to waste any quota, (100% CIS cannot approve any cased filed in that month), they have to move to a point to get all quota used. Based on 12K/half year, or 12K/year from EB1, say 20K be safe this year from EB1. 7K from EB2 ROW as last year, 8K from EB3, 0 from FB (EB2 get only 10k/4 last year as 10K FB is divided by Eb1/2/3/4), and normal 2.8K for EB2 I/C each (6K total), there are total 41K possibly for EB2 I/C.
    4. Porting (6K this year), New filing (ppl who missed 07/07 with PD before 07/07), could have a negative efffect
    5. The inventory for EB2 I/C is about 34K before 07/2007 (based on DOS October/2010 and CIS inventory)
    6. This is very close. Will DOS move beyond 07/2007 a little to allow new filings (those won't get approved in Sept) and also make CIS easier to clear all 07/2007? This will be a judgement call. I am 50/50 on that.
    7. There are many factors that will play in the scenario.. But I am sure EB2 I/C 09/2011 PD will be pass
    May 2007 100%
    June 2007 80%
    July 2007 60%
    Sept 2007 30%
    Nov 2007 10%
    Dec 2007 or Current 0% (DOS/CIS learned the lesson)

    Explantion is Very rationale rodnyb. Thanks.



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  • bobby
    06-21 08:17 AM
    Another answer from Rajiv Khanna: on multiple 485s
    I recommend both husband wife file for yourselves and for each other. So between the two , there will be four 485 applications. One: Wife as primary, husband as derivative. Second, husband as primary and wife as derivative. We do this all the time and this is the safest thing to do. You will keep whichever 485 set gets approved, first, the other will be rejected by CIS.

    If CIS rejects the other 485, do they keep the fees or do they refund the fees?





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  • ujjwal_p
    09-23 04:22 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:)

    They haven't mentioned there whether dependents are included or not. So multiplying by 2.1 is probably not correct nor wrong at this point. I would think dependents are included in this. Everybody needs to file an I-485 I presume and they are just counting the pending ones.



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  • buddyinsd
    09-15 12:23 PM
    You named a few: Pappu, Aman, Jay. Who are these guys?

    Other than Pappu I dont see the other two or any others actively participating. Who are they and where are they?

    Thanks folks for your wishes. I had not been active on the volunteering side due to multiple reasons and other day to day challenges and career.

    I agree with a lot of people in the community that it is a challenge to balance a challenging personal life, especially in a country like America where regular day to day life poses many challenges.

    In the green card process, the challenge is just not about one needing a job to fulfill day to day needs but to secure a future for him/her and family.

    A lot of people I have come across through IV have been absolutely amazing in stepping up and doing what they do and this platform provided by IV (Aman, Pappu, Jay etc..) has been a blessing for all of us.

    I have written to IV core that I will continue to support IV and its activities.





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  • vicsthedude
    09-24 06:18 PM
    Here is my chart

    EB1 EB2 EB3 EB4 EB5 EBOther
    India 718 47728 62607 123 13 107
    China 607 19333 6343 384 13 30
    Mexixo 174 211 7878 62 0 90
    Phil 74 510 11563 70 0 264
    ROW 2477 7150 62840 1378 40 1029
    __________________________________________________ ______________
    Total 4050 74932 151231 2017 66 1520

    ================================================== ===

    Total EB1+EB4+EB5 + Ebother = 7653
    _______________________________________
    EB2- MEX+PHIL+ROW = 7871
    ________________________________________
    Assuming new cases in ROW Category = 4476 (Random number makes total visa number
    being used to round 20,000)
    __________________________________________________ ___________
    TOT Visa that would surely be used = EB1ALL+ EB4ALL+EB5ALL+EBothersALL+EB2ROW+Eb2M+Eb2P=
    7653+7871+4476 = 20000
    __________________________________________________ _____________________

    Visa Numbers Available for both AOS & CP after using sure shot cases (140,000-20,000) = 120,000

    Additional Visa numbers will be available for categories (EB2 I/C + EB3 I/C/M/P/ROW) all other categories will be current.

    Because there are 62,840 EB3 pending for the rest of the world I doubt any additional numbers(spill) would
    be given to EB3I/C/P/M spill would be used by EB3 ROW ???? Correct me if I am wrong



    Of the additional visa numbers available after EB3 ROW uses it, max how many can be allocated to India and China EB2 is the question.......? Can someone answer this based on the max limit per country and per category???



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  • gc_buddy
    10-28 08:14 PM
    Dear Members,

    This issue will hit everyone sooner or later especially in rough economic times that we currently have. Even if you do not plan to use AC21, due to current economic down turn..One might be forced to use AC21..

    Let us start this campaign. Please DO send letters. As we also have IV support now, let us get a resolution for this issue with the help of IV leader ship..

    This will help people who are already affected due to these denials and aviod denials for other people going forward.. Printing and mailing the letter will take only 10-15 mins of your time..This campaign will be a sucess only with support from every one.

    Let us send the letters to USCIS...





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  • radhay
    06-29 04:08 PM
    same thing from my law firrm..

    "I have received the following update from the American Immigration
    Lawyers Assoc. regarding the July quota:

    Update on July Visa Availability

    We are hearing from multiple sources that, on Monday or Tuesday of next
    week, State Department plans to issue a revised Visa Bulletin for July
    2007. This revised Bulletin would retrogress some or all of the
    employment-based categories, very likely to the point of unavailable.
    Reports from AILA members about unusual levels and types of activities
    by USCIS indicate a particular push to adjudicate employment-based
    adjustments currently in the pipeline so as to exhaust visa numbers for
    fiscal year 2007.

    This follows the actions of USCIS in June, when it began rejecting EB-3
    "Other Worker" adjustment applications even though the Visa Bulletin
    showed an October 2001 cut-off date, on the basis that the "Other
    Worker" numbers for the year had been exhausted."


    What the heck?????



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  • l1fraud
    06-14 09:58 AM
    rsharma, l1fraud,

    There is nothing wrong in reporting fraud.
    However your argument that you are reporting it since you cannot tolerate fraud isn't that convincing.

    If you were always against injustice/lawlessness, you will see a lot of it in your daily life. Do you report or take action against each of those ? I don't think so.

    After living in India for long and seeing people put up with all injustice and sometimes doing it themselves, it is hard to believe your argument that you are doing it just for the sake of law.

    How many times in this thread I have mentioned that I am getting replaced by one of these L-1B resource, I am a poor Oracle/DB developer who fortunately cannot be replaced by L-1B visa resources (as my skills is a common technical one). So once these violations impact your day to day life you look around for ways to stop this fraud. Its true that if I was a Nuero Surgeon in Phily or a Astro Scientist in Houston I wouldn't be interested in this violation :-) .... tomorrow let this scenario happen to you ... you would be first one to raise the alert.

    Regarding 'getting burnt', I don't think there is bigger burn than loosing our jobs (which already is happening) and hope you know that there is something called 'anonymity'... ya lets see whos going to get 'burnt' here. We'll definetly keep you updated regarding the outcome.





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  • Ramba
    08-21 05:25 PM
    . The ambiguity of the law for the preference of vertical vs. horizontal spill-over allowed them to do that.


    There is no ambiguity in law. The law is clear. One law (and one rule) should yield one interpretation. If someone interperting the languge of law differently; then that is their mistake. Thats what DOS was doing in between 2001 and 2006. This could be possible for them because no one was going after DOS. Now somehow they realized (or some affected applicants notified DOS). If the old practice is a result of correct interpretation of law, why they should change now? This is very high sensitive area; DOS might have not changed their practice without risk analysis. They should not care about how much retrogression in India; They should only care about implementing the law correctly, as becuase they are executive branch of government not legislative branch to worry about retrogression.





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  • brshankar
    08-07 11:47 AM
    Ok guys, I got a bunch of red dots.. what more can you expect from people whose comments are as below...
    ********************
    bitch, wtf "Rolling_Flood"

    stop making dumb arguments. if you don't like this thread stay away from it.

    you have no clue who gives you reds and greens, don't presume. plenty of people quietly read and can spot out the rubbish. and no one can give two reds in a row, so i'm another person. Glad to see acceptance finally that PhDs are being disadvantaged

    ****************************

    1. Rolling_Flood, with this temper I am sure you are going to piss off your lawyer with whom you would be working (if at all you do..) on getting portability removed.
    2. �if you don't like this thread stay away from it. Lots of people disagree, that does not mean that only people who agree with you can post here. Also, how will I know if I am going to like the thread or not without visiting it?.


    NKR Dude,

    I give you a green.

    Some guys dont have the guts to come out openly in the forum to accuse us because they know that they will be banned by moderators. They just give us red dots and call us all sorts of names like moron and ....... in private.

    Everybody has the right to disapprove a post but they have no right to use bad language.

    Hope these guys understand this is a forum for good cause and they are misusing it.

    Thanks





    pappu
    10-17 05:29 PM
    If you get different A#s then definitely there is a possibility of delays in the application.
    I am not sure what happens with namechecks. Need to research further. My guess is you will have double chances of getting stuck in namechecks! This assumption is based on the fact that multiple filers need to undergo fingerprinting and background checks multiple times and thus chances of getting stuck in namechecks must also increase for them.





    serg
    07-09 09:48 PM
    we are giving USCIS options on how to deal with the campaign.
    If they really do forward the flowers they need to think about seperating notes from flowers.

    They will pay a smaaaaaaaall amount to delivery guys who will strip all notes and that's it. Or they could say "it's gov. necessity' to remove a message from bucket, and it will be free. :(



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