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  • Vexir
    06-01 12:24 PM
    :lol: Got me beat mwc... I wish I could get that as a real skin :P





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  • arunmohan
    06-12 05:58 PM
    If they dont count Dependents we all get GCs very soon . Unfortunately all dependents even kids are counted under employement category ..

    One change - Counting a number for primary applicant can change thousands of lifes each year .


    This is really sad that they count all dependents under employement category. USCIS should treat all categories in same way. Can't we raise this issue?





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  • vine95050
    12-09 11:33 AM
    Use this link:
    https://egov.immigration.gov/cris/caseStatusSearchDisplay.do

    click on "Register" on the left to create an account and you will be able to check the status of your application.
    Everytime USCIS makes a decision or simply has a look at your file, there will be a new date or "LUD".

    Congrats on your successful journey! Can one file WOM after 6-7 months of waiting on 485 with pending security check from fbi? Thanks.





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  • javadeveloper
    08-13 02:36 PM
    Mail Sent...Thanks!

    Do we have their fax numbers.Sending faxes is fast and easy.Correct me if I am wrong.



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  • panky72
    06-17 11:30 PM
    What does 'acute exacerbations of preexisting conditions' mean?

    Are there any examples of the cases of that were covered in past? Did anyone have any first hand experience with that?

    Given someone's situation, can they give in writing that they will definitely cover anything related to that situation?

    Those are the questions that come to my mind.

    Like if somebody has high blood pressure but suddenly the blood pressure goes very high and they have to go to ER.





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  • lotsofspace
    02-26 05:28 PM
    Niether many has tried this option (entering on AP and filing H1B transfer to different employer other than GC sponsers) nor USCIS has strong history of approving/dealing with these type of cases. After entering in AP, though one can very well contine the H1B with the same employer to whom any one work on H1B before leaving US. There is a memo for this type of situation. However, there is no specific memo to address this situation (Transfer). It is all depends on the individual adjucidator's logic. If they see your latest I-94 with parolee stamp, then they may deny (or issue a RFE )the H1B transfer, by the applying the the logic of one must be in the smae status to seek extension. If the deny/issue RFE, you can not counter act as there is no secific memo or policy by USCIS in this case.

    Can you please provide a link to this memo ? My attorney said, if I want to continue on H1 after reentry, I must get H1 stamped and enter in H status. If I use AP for reentry, I should change to EAD at work. This memo will help.

    I know there is a memo about continuing on H1B after filing I485 (dual intent) in the context of AC21 , but I am not aware about one that deals with entering with AP and continuing on H1.

    Most of the answers above talk about transferring/extending the H1 after the reentry to get a new I94. How about if you want to continue with the same employer and you already have H1 valid until 2011 ? Do you still apply for H1 extension ? If so what basis ?

    Do they enter a validity date on I94 when we enter using AP ? If so what date would that be ?
    What is the significance of this date on I94 when one wants to use EAD and never goes back to H1 ?



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  • nixstor
    03-14 01:00 PM
    D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

    Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.

    May be EB2 India and China can see some movement in July VB published in June.

    This piece in VB is telling that the unused numbers in EB2 will be given to the retrogressed countries in EB2. The VB when it defines the categories, also defines EB2 as 27.6% of 140K and what ever is left over from EB1. EB1 is current for some time now and EB1 also circularly gets unused numbers from EB-4 and 5 which account for around 20K. My thoughts are here (http://nixstor.blogspot.com/2008/03/thoughts-on-april08-visa-bulletin-and.html). I have been under the assumption that EB-3 ROW must become current for EB-2 retrogressed countries to move significantly forward because of spill over and not by the quota they get every quarter. It does not sound like that. Am I just hallucinating or Am I just reading too much or Is it just the VB as usual unpredictable and capricious?





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  • gc_on_demand
    06-09 12:02 PM
    We need active participation from members for the action item listed on this thread. CHC member are taking a very hard stand on the 3 bills introduced by Lofgren. If members (esp. constituents) don't call in large numbers and urge the CHC members to support the bills. The 3 bills may not even see the house floor. CHC members want only one immigration bill (CIR), nothing else is accepted.

    Please ask u'r friends and colleagues (who are constituents of CHC lawmakers) to participate in this crucial action item.



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  • sobers
    06-07 10:31 AM
    well said logiclife....you should write an op-ed somewhere using this info....

    And if you personalize this a it, you could do a powerful piece like Karen Rives from the Charlotte News & Observer.

    http://www.newsobserver.com/690/story/446687.html
    Our lives were in the hands of tired officers...

    Or like the two folks who wrote this piece in the Pittsburg Post Gazette

    http://www.post-gazette.com/pg/06157/695926-28.stm
    Private Sector: 'Legal immigration' doesn't work
    Our laws are convoluted and dysfunctional and need to be changed....





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  • Hassan11
    03-13 04:12 PM
    this must be a change in USCIS policy since in the past the spill over from EB2 ROW went to EB3 ROW and then to India and China EB2.

    USCIS must have changed their policy to help established the cutoff date for EB2 India. so now the spill over from EB2 ROW goes to China and India EB2



    No, EB3 ROW can use all the available EB3 ROW numbers. But the unused EB2 (ROW/Mex/Phil) have been distributed to the oversubscribed countries.

    That's how I interpret that.

    The popular belief was that the unused EB2 ROW would first go EB3 ROW but according to this they actually go to the oversubscribed countries in the same category (EB2)



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  • EB3_SEP04
    07-01 09:45 PM
    I can think of following reasons in the order of relevence :

    - We've got highest level of tolerence in the world as individuals and as society (probably that's why british could rule for 150 years :) ) and please don't shoot me, i'm not saying it's bad. just a fact.

    - Feeling of insecurity because of being in a foreigner country or because of not being a part of majority.

    - lack of knowledge of our rights/duties which sometimes causes guilty feeling when you think "I'm objecting to something that i agreed to whole heartedly, yesterday".

    - going to court/authorities is considered bad in many culstures (as a famous Marathi saying goes "a wise man should not climb court's door-stpes ")

    - "I don't have time", "I don't wan't the hassle" or "Jaane do" attitude.

    - Is there anyone who still thinks along the lines of "maine aapka namak khaaya hai.." ? i don't think so.





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  • snathan
    04-20 05:00 PM
    In any case, why should someone be SO disturbed if some lawyer says "I will try to prove your degree equivalency for trying to get into EB2"?

    Going by folks' behavior here, I am inclined to think, some simply hate such a lawyer for nothing more than personal interests

    We are all here for personal interests...:D



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  • jsb
    03-11 02:28 PM
    In my opinion USCIS will not give inaccurate information, in writing, to a Senator. The letter clearly mentions 'Application Pending for India'...

    USCIS might not have intentionally given any incorrect information. Perhaps to them what they sent means "EB applications pending for India". Key part is "for India", which quite likely does not mean chargeable to India.

    I doubt if they can easily track out applications chargeable to India that easily (even if $5K is sent to them). Whatever is entered in the system when USCIS receives paper applications (e.g. name, address, date received, category, date I-140 approved, etc.) can only be used as a criteria for queries. Birth country perhaps is only on paper application, and is verified for approrpriate chargeability at adjudication time. Systems are not designed for handling cases where country of chargeability is, as is the case for us, the final stopper.





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  • abd
    04-07 01:36 PM
    I am settng up tea stall at Asian Festival(just for fun) , i will give all my profit to IV. Approx. 20,000 people visit the festival so i should be able to make atleast $200-300 profit with my tea stall.

    Also, i am sending my $100 contibution by money order



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  • gc28262
    01-22 07:19 AM
    MurthyDotCom : MurthyBulletin (http://www.murthy.com/bulletin.html)

    Conclusion
    �MurthyDotCom
    Employers whose business model may be viewed by the USCIS as within the third-party placement are likely to face RFEs in their H1B petitions. Such employers need to review the factors set forth in the memo as indicators of control, and anticipate the need to prove control over their employees or modify their practice to incorporate the factors to establish a direct employer-employee relationship. This memo is significant to the IT consulting industry, and could disrupt many other business sectors. Absent this source of workers, the end clients would be forced to change their business models with regard to how they meet their short- and mid-term IT needs. The impact would not be limited to IT consulting companies, but would also be felt by their clients, which include many of the largest U.S. companies and even the U.S. federal government.
    �MurthyDotCom
    The Murthy Law Firm recently has responded successfully to RFEs on the employer-employee issue. To the extent appropriate, we will utilize the new memo and USCIS update as additional guidance on acceptable evidence in such matters. The memo appears to change prior, established practice and law. It is inconsistent with other federal statutes in defining the terms "employer" and "employee." A challenge by H1B employers may be required, unless the USCIS reconsiders or modifies its position. We at the Murthy Law Firm remain available to assist our clients in connection with H1B cases, including issues that will arise as the result of this memo.
    �MurthyDot





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  • ilikekilo
    04-03 07:55 PM
    My bad , mine is from NSC...I just chose your post to quote..sorry for hte mix up..

    whats up with USCIS issing RFE's and stuff for people with PD's so far away..Iam not sure what the RFE is but it makes me wonder what USCIS is doing with files with a PD of 04 that too eb3..:rolleyes:



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  • malaGCPahije
    06-13 09:24 AM
    Some of us are in Eb3 because of our experience, some of us are in EB3 because of circumstances (I had 7 years exp when my GC was files, but 3 years out of it was spent as consultant in my current employer place. Hence we could use only 4 years as exp and hence EB3), some of us are in EB3 because of lazy lawyers.

    We cannot blame EB2 or any other category for thinking for themselves. That is just human nature. I have done everything to support IV and will continue to do so, be it letters, faxes, calls or money. But I also know that no one is going to fight for Eb3-I. Once my EB2 friends get their GC, there may be no IV remaining. That is OK with me. I will still contribute.

    All I want from EB2 people is to stop making fun of EB3 cracking jokes about losers, etc. You never know when destiny takes a U-turn. It may as well happen that all EB3-I get their GC and the joke crackers never get it. So please, EB2 should enjoy their forward movement of dates. But please do not make fun of EB3-I.

    Thanks.





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  • Madhuri
    08-01 01:52 PM
    I think when you are 35+ and 'you are in the 7th/8th/9th year of H1b with no idea if/when you will get GC' it's practical to invest in business.
    While we are at it let me throw this in....
    Assuming you decide to persue MBA from a good university instead of online. What kind of investment of time and money are you looking at? Is it really worth the investment when you are already in your 30's? Is is worth spending the time and money on a MBA? If you spend the same time/money on a business opportunity wouldn't that be better in the longer run? Is it practical to start a business when you are in the 7th/8th/9th year of H1b with no idea if/when you will get GC? Is it a safer bet to invest in education?





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  • waitingGC
    02-07 11:46 AM
    Sorry to confuse you ..
    It is very difficult to make a prediction...The 7% country quota for china is satisfied already...So it could be this october
    The only chance that it happens is that visa overflow from other categories into EB2China/India...For that to happen..Eb3 world has to become current.....
    That would mean that more visa are available than can be used for Rest of world...Then CHINA/India would get some more than 7% country quota....

    So it could be Oct 07 or if you are lucky... earlier....

    If immigration reform happens..you would definately become current immedialtely...

    Thank you for your elaboration.

    How do you know that all the unused visas go to EB3 before go to EB2?

    Even if the immigration reform happens, will it take effect next year or sometime later? How come my PD can become current immediately once the immigration reform happens?

    thanks





    pcs
    04-19 08:25 AM
    You mean members who have not contributed anything so far, right?

    let us do this





    permfiling
    10-22 11:45 PM
    There is a weekly conf call with attorney Prashanthi on thursday 9 pm EST. In one of the calls I had this question and the answer is that once you use AC21, the most recent company were you are working and where your GC got approved will be your sponsor so u have to stay with that company for 6 months ( the time duration is debated in other threads)



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