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  • BharatPremi
    11-06 01:21 PM
    This "AP already approved" so no interimAP(even for emergency) audiotape started since Middle of OCT from NSC IO and local IO's. My AP got LUD on Oct 11th and they said that your AP approved so dont bug us for a duplicate. Wait ... Wait .. Wait ... But how long ??

    What do i do now ? I cant travel without this piece of sheet ( i mean paper)

    According to my lawyer one should contact USCIS in case of non receipt of AP (Physical Papers) within a month from first LUD. During that call one should ask USCIS whether USCIS get AP papers back or not ( For whatever reason address change and/or wrong address etc.. not delivered to you). If USCIS receive those papers back then it will resend it upon verifying correct address with you and that is without any extra cost. To make this happen certainly you will have to either make frequent calls to USCIS or take frequent infopass appointments.Down the road if USCIS does not get AP papers back and you simultaneously do not get them, meaning if paper lost during transit, then you do have 2 choice..(1) forget about receipt of AP approval papers this time (2) Refile AP with new fee as USCIS did not get mail (papers) back.





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  • Pineapple
    12-26 04:35 PM
    First of all, not everyone here is from India. Second, not everyone here is from programming/IT background. It is easy to make that assumption, but believe me, there are plenty of non-indians, or non-IT people, and even non-Indian, non-IT people here. :D

    For these, what is or is not happening in Bangalore is completely irrelevant.
    Second, people who are still here have already decided where they want to be. (Which is why they are on the forum in the first place). People change countries for more reasons than just following the next IT boom.

    Anyway, regarding impact on opportunities here, there is a common misconception that companies have unlimited access to talent in other countries, and the only limiting factor is the quota of H1B visas.
    Not true, by a long shot.
    To give a simple example, our company is looking for people in Australia, Denmark, Finland, Canada and UK since the pool of qualified people in India has dried up in our field. Can anyone guess where is the biggest talent pool? Nope, not in Bangalore, its right here in USA!! Not all companies are looking for the cheapest person. They are looking for the best person. And in many cases, the best person is already here, and has gathered more experience over the years working for US companies. But they cannot hire her, simply because she is on a visa and thereby beholden to another company. If she had a GC, that would free up the talent pool and thereby make many companies less reliant on H1Bs. Increasing GCs for EB candidates has the same effect as increasing H1 quota, with the added benefit of making the cream of the crop available and reducing the uncertainty and hassle of hiring an H1.

    When you outsource, you lose this talent pool which is already sitting in your backyard. You may still outsource, of course, but the most cost effective solution would be to hire the top talent already here. This is especially true in professions which do not work very well in outsourced situations, like business consulting, marketing, management etc.

    This is why it is in the best interest of companies to support EB GCs.





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  • natrajs
    08-06 04:37 PM
    Freakin - more than 50 people from 2004 are waiting and the same number of people from 2006 get approved!!!

    United States Confusing and Incompetent Service - USCIS

    'Service' my a!@#$%


    EB2-I RIR - NJ , BEC - Philly Approved on 12/20/2006 - PD - 06/18/04
    I140 - Approved on 06/04/07
    RD : 08/08/07 - TSC
    ND : 09/28/07
    FP : 11/1/07
    I485 : !@#????????????? - I don't know (planning to buy Mega million and Power ball lotto with my own algorithm which I believe that I have chance to win, How ever I can not predict the USCIS process)





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  • lost_in_migration
    01-18 07:25 PM
    I have sent the letter to President as well as IV.



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  • hiralal
    04-22 09:27 PM
    I'm not sure anything happens with these letters etc. We need something more concrete, something that grabs attention. Last time we did the flower campain, this time we need to do something different again. My idea was the two cents campaign (link in sig). But I'm sure you all have your ideas too and if we can come up with something unique that would be great. We need something more than just letters to the whitehouse. Maybe we can pick just one senator each week or each month or congressman who does not support legal immigration bills and send letters to him/her in co-ordination. If one person gets 1000 letters on the same day about a topic it might make the news?
    definitely ..and I am sure lot of people agree ..flowers, marching etc is much better ..but till we get to that point ..let us send emails / letters atleast ...something better than nothing !!





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  • Ramba
    02-12 02:58 PM
    The adv of 485 route compare to CP is EAD/AP/AC21. In CP, the applicant is getting immigrant visa in a foreign post/consulate. How can USCIS give EAD/AP for a person who is staying outside of US to grant EAD/AP?. There is no technical ground for this request. If you/IV want to lobby, lobby for EAD/AP for the guys whose 140 was approved and staying in US legally on a non-immigrant visa. This may be possible thro, USCIS regulation w/o law change.

    Though, law does not force any one to chose only 485 route, while you anyone already in US. Very very few guys will opt for CP while in US due to lot of hurdles in CP. Forget about retrogression, EAD, AP. Opting CP, cost you to fly to home country to get immigrant visa. There is no gurentee that US consulate will give you a immigrant visa based on approved 140 in CP process. That is always risk of denial at interview. It is something similar like, H1B approval by USCIS does not guartee the H1B visa at consulate.



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  • dan19
    04-13 12:01 PM
    GCard_Dream,

    I agree with you. I had also brought to the attention of the moderators about the restraint they need to exercise while closing threads.

    Let people discuss about the visa movement dates as long as it doesn't harm/hurt others. Discussing/predicting visa dates is not against the wishes of the larger immigrant community as long as anti-social acts like betting is involved.

    I again request the moderators to exercise their power with proper reasoning. If 1000 people wants a thread closed, it is not a proper reason for closing it.

    I normally don't post predictions. But I read it sometimes. They will be a few people who post genuine opinions. Their views are sometimes helpful!

    Just my thoughts. It's not against anyone.


    Well .. there you go. When I predicted few weeks ago that there will be a big jump in the priority dates, some of us came up with big speeches about how that thread was a big waste of time and the thread should be closed. The thread in fact was closed without any explanation. It appears that there has been several occasions where moderators are just closing the threads without any explanation.
    http://immigrationvoice.org/forum/showthread.php?t=3820

    Here is my suggestion.. don't close the thread just because you can. At least give some explanation as to why any thread was closed. I know there are threads that talk about personal issues faced by members and if that's not acceptable then all threads dealing with personal issues should be closed.

    What amazes me is that person closing the thread doesn't even want to mention his/her id. What a shame ..





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  • lost_in_migration
    05-29 04:43 PM
    Guantanamo may be kept open just for us .... and they will charge us $5000/$10000 per extension which is due per year ;)

    I thought Guantanamo was being closed soon. They might ship us to detention centers in Afganistan or Iraq. :D Hope they have more high tech jobs there.



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  • h1techSlave
    11-30 01:15 PM
    Mallu, I think the opposite would be the case.

    Right now the PD is kept at an artificially low range, since neither the USCIS nor the DOS has a clue about how many GCs they are processing. So for the last several years, they were ultimately issuing only around 80,000 GCs even though the quota is 140,000 + 80,000 (from family quota). A wastage of around 140,000 visas per year.

    If USCIS can approve a GC after waiting for 120 days (with our with out a response from the FBI), then the GC approval would become much more predictable. Then the PD cut off will be much more realistic, resulting in a much lower wastage of visa numbers.

    The end result, the PD would move upward quickly.

    If this turns out true, that will be great !!!
    One minor side effect is that India EB dates might further retrogress because still there a lot of folks with PD 2001,2002 etc pending namecheck clearance.





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  • kaisersose
    08-24 10:42 AM
    I still don't get it. There are around 300k AOS applications now pending. Given that there are only 10k EB based green cards for India, and I am sure there are more applications than 10k for FY2008 and still Visa bulletin for Oct indicates a date of Apr 2004. Should it not be "U" for the entire FY2008?

    No.

    There are 2 agencies involved here - DOS and USCIS. Visa numbers and cut-off dates are owned by DOS. 485 applications are held and processed by USCIS as and when visa numbers are released by DOS.



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  • gc28262
    03-26 11:36 AM
    Hi Guys,

    I am not sure if this is the trend everywhere only in TX. The DPS - Department of public Safety which is issuing Driving License started asking for the Employment Verification or latest Pay Slip. I asked the officer if its the new requirement and she replied Yes, its started recently. If you are in H1 or H4 visa, you need to prove that you are still in job and getting paid. One more nail in the coffin.

    Thanks

    Any idea who introduces such legislation in Texas ? ( Drivers id with vertical orientation, paystubs requirement etc)





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  • sunny1000
    07-13 11:38 PM
    Congrats and good wishes! Thank you for your support to IV. Appreciate it.



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  • H4_losing_hope
    02-21 12:38 PM
    I checked with some of my colleagues and friends. They all have sent the letters, but most of them have not participated in this poll at the start. So I wouldnt get discouraged by smaller number of votes in it.

    thanks for your efforts!





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  • vban2007
    08-19 02:00 PM
    I can not certify the form. Even if I certify it comes back with error and tells me to enter middle initial. Tried couple of times, but without any success.

    Dos anyone has any idea?

    Thanks.

    Do we need to select this last option?:

    I declare that I prepared this petition at the request of the above person and it is based on all information of which I have knowledge.



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  • raysaikat
    07-19 06:47 PM
    Why do you think I should go for a new H1? I can always call my wife on a visitor visa. She can stay on a visitor visa in US for 1 year continuously. So why bother for an H4?

    Unless there are some other advantages of H4 which I am missing?

    She may not get a visitor's visa. Visitor's visa requires non-immigration intent, just like F-1. In your case, there is a very clear intent to immigrate, which may disqualify her from getting a visitor's visa.





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  • memyselfandus
    09-10 02:18 PM
    We sent an email to CISOmbudsman.Publicaffairs@dhs.gov and they gave the update, even though the online status didn't update for more than a week.

    The Ombudsman office gave a response with in one business day.

    Found out from the Senator's office that my case has been approved. Attorney was able to call and confirm. No change in online status though.

    E-filed on May 5th



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  • sunny1000
    02-27 07:22 PM
    Yes it is just like someone asking labor sub to be allowed again in admin fixes so that they can get a sustitute labor and cut in line.

    I don't think it is the CP filers' fault. They are not cutting in line. It is the USCIS who is sitting on their ass on these 485s while the state dept processes the CP files at the normal pace. It should have been the state dept who should have processed the I-485 and CP (just like how they used to do the H/L visa revalidation inside U.S 4 years ago) and we would not have this issue or the visa bulletin fiasco.

    It is a gamble to go with CP just like any other application in this GC mess. I know of guys who got their green card in 18 months while I spent 5.5 years in labor dept alone. But, that does not warrant chastising of the CP filers or anybody else for the Government's ineffiency (except in the case of labor sub).

    But, I agree that the requests by the original poster should not be a part of IV's letter campaign.





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  • enggr
    09-26 02:37 AM
    I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.

    Country: India
    Date of Joining with current employer : Jan 2006.
    PERM Filing/ Approval Date: Aug 2006.
    I-485/ EAD filing Date: July 2007.
    I-140 RFE received date: Sep 2007.

    The RFE reads as follows.

    ---------------------------------------
    "Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
    If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
    ---------------------------------------

    This is my history.

    I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
    I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
    But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.

    I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
    I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.

    The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.

    Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.

    My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.

    I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.

    Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?

    Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow





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  • redgreen
    11-10 11:17 AM
    where is USCIS announcing FP dates?
    I filed in July and yet to get FP notice.

    anyone of you see a pattern here with this FP notice delay??
    or USCIS is still claiming its consistency in being inconsistent :rolleyes:





    chanduv23
    08-11 09:17 PM
    IMO, the key criterion is "occupational classification" under which the new job falls under, not the technologies used. For example, it is logical to conclude that a Software Engineer position that requires programming in Java is in the same or similar occupational classification as a Software Engineer job that requires programming in .NET.

    One could argue that .NET is a different technology than Java, but most if not all would agree they fall under the same/similar occupational classification.

    So as long as you can make a strong case that the occupational classification for jobs is the same/similar, I don't think there is a problem.

    Then again, I am not a lawyer and all that...

    In that case, both my old and new job (responsibilities and titles) fall under 15-1031.00 if we take into consideration a broader classification where job duties are the same but technologies are probably 60% same but some technologies mentioned in my L/C are obsolete and my current employer does not list those technologies.





    rockstart
    05-15 09:16 AM
    I think they want to first help people with US degrees. Since that boosts education industry in US as people thinking of studying in UK Australia will now think of US more postively.



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