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  • prince_waiting
    08-31 11:45 AM
    Dont worry about it guys........

    Every American who owns an IPOD and can surf the web thinks that he is hi-tech....

    Americans still expect six figues salaries after high school educaiton....

    My boss has been trying to hire a couple of EEs since the past couple of months but is not successful.....Ultimately he had to request me to find Indians graduating in the coming fall semester from the local university....

    Also the poll shoule be structured as "Do you think American school system is not producing enough skilled workers with knowledge in STEM fields?"

    'High tech jobs' and 'qualified workers' are all distractive terms for the larger malice in place: Americans taking for granted that jobs will be lined for them when they step out of college.

    As a matter of fact Mr. Lou Dobbs is doing a big disservice to the American people by lying and not encounraging them to face the harsh truth that there is a lot of competition out there and please be prepared to face it.





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  • abhijitp
    06-21 01:59 AM
    In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)

    If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)

    Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?

    Experts, please comment. I may have to face this scenario.

    Thanks!

    Abhijit
    Contribution so far: $100





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  • Blog Feeds
    12-18 09:50 AM
    AILA Leadership Has Just Posted the Following:


    Last month I blogged about my convoluted math--trying to figure out the wait times for various countries, in various categories for Employment Based visas. The January Visa Bulletin was (http://travel.state.gov/visa/frvi/bulletin/bulletin_4597.html) just issued, with this explanation:

    D. EXPLANATION OF THE NUMERICAL CONTROL SYSTEM AND CUT-DATE PROJECTIONS WHAT CAUSES THE ESTABLISHMENT OF CUT-OFF DATES?

    The Visa Office (VO)subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.

    - If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "Current." For example, if the Employment Third preference monthly target is 3,000 and there are only 1,000 applicants, the category is considered "Current."

    - Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be "oversubscribed" and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number. For example, if the Employment Third preference monthly target is 3,000 and there are 8,000 applicants, a cut-off date would be established so that only 3,000 numbers would be used, and the cut-off date would be the priority date of the 3,001st applicant.

    Applicants entitled to immigrant status become qualified at their own initiative and convenience and upon the completion of various processing requirements. Therefore, it is extremely important to remember that by no means has every applicant with a priority date earlier than a prevailing cut-off date been processed for final visa action. On the contrary, visa allotments are made only on the basis of the total applicants reported qualified each month, and consideration of other variables. Demand for visa numbers can fluctuate from one month to another, with an inevitable impact on cut-off dates.

    HOW IS THE PER-COUNTRY LIMIT CALCULATED?

    Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.

    - The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.

    - INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.

    WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?

    Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop.

    Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.

    WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?

    Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.

    WILL THERE BE ANY ADDITIONAL CUT-OFF DATES FOR FOREIGN STATES IN THE EMPLOYMENT FIRST OR SECOND PREFERENCE CATEGORIES?

    At this time it is unlikely that there will be any cut-off dates in the Employment First preferences. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates apply to the China and India Second preference categories due to heavy demand, and each has the potential to become "unavailable" should demand cause the annual limit for that category to be reached.

    INA Section 202(a)(5) 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 limits. For example, if it is determined that based on the level of demand being received at that time there would be otherwise unused numbers in the Employment Second preference category, then numbers could be provided to oversubscribed countries without regard to per-country limitations. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.

    Should Section 202(a)(5) be applied, the rate of number use in the Employment preference category would continue to be monitored to determine whether subsequent adjustments are needed in visa availability for oversubscribed countries. This action provides the best possible assurance that all available Employment preference numbers will be used, while still ensuring that numbers remain available for applicants from all other countries that have not yet reached their per-country limit.

    WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?

    Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:

    Employment Second:

    China: July through October 2005
    India: February through early March 2005
    If Section 202(a)(5)were to
    apply: China and India: October through December 2005

    Employment Third:

    Worldwide: April through August 2005
    China: June through September 2003
    India: January through February 2002
    Mexico: January through June 2004
    Philippines: April through August 2005

    Please be advised that the above date ranges are only estimates which
    are subject to fluctuations in demand during the coming months. The actual
    future cut-off dates cannot be guaranteed, and it is possible that some annual
    limits could be reached prior to the end of the fiscal year.


    So, there you have it. The "official" guesses for FY 2010! It would be terrific, however, if the Visa Bulletin would tell us, based upon its knowledge of pending cases, and estimates on time, how long a case would take in the given categories, if started today. When the Department of State releases THAT information, then perhaps Congress will sit up and take notice that we are facing a literal crisis in our employment based immigration program, and hurting ourselves as a result.https://blogger.googleusercontent.com/tracker/186823568153827945-2329407886555470879?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/12/from-department-of-state-with-love-visa.html)





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  • kavita_abb
    10-09 12:18 PM
    Hi,
    Presently I am on H1B and my husband on H4 visa. I have to go to India permanently, so can my husband stay in USA on H4 visa while I am in india ? my husband is not willing to go to india at all. I tried hard all the way to make him convince. Can I travel alone without him ? what will be the problem in future for visa? please advise.

    Thank you!

    Kav



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  • mirage
    03-06 03:03 PM
    How's Asking for temperory Lifting Country Cap or Exemption of Long pending case from Country limits going against her own bills ? Nothing 'Immigration' is flying right now, we already saw the fate of those bills...I have heard this several times from various lawmakers offices they don't want to lift the country caps... So what do we do then ?
    So your strategy is to go against her own bill to recapture greencards that she introduced for us last year.

    I think this is wrong.

    Recapture is a good option if you want to do it right. Otherwise all ROW will oppose you. How are you different than the guys who open threads against Telgus or EB3 vs EB2 or against Muslims.

    What you are doing is only dividng the community. My collegues who are also IV members are mad reading that someone in IV is pursuing a one point agenda against ROW. We need to stop such threads. A lot of ROW are quiet members on IV forum and they will be upset.
    Country caps can only be supported if there is recapture or increase in visa numbers.





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  • ck_b2001
    08-15 02:48 PM
    Why cant we just sit back and relax. There is nothing we can do after filing and if you have not heard about reciept, check cashed then no big deal. 99% peopel will get reciept without rejection. Have some faith. We will get nothing from calling USCIS, figuring out LUD, speculating who signed our envelop.



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  • GC Struggle
    04-16 02:46 PM
    Ask your attorney to file an MTR. (ensure it done within 30 days of denial). When you file an MTR it sent back to the service center that had actually denied the petetion (in your case NSC) asking the IO to revisit his decsion (with any additional information that your attorney would add). If the IO is unable to make a decision, then he will refer your case to Administrative Appeals Unit.





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  • greenguru
    03-31 06:37 PM
    Here is the process for porting

    1. Apply for EB2
    2. Apply for I-140 under EB-2. Attached your old EB3 I-140 and request for a porting.

    3. If you applied for 485 already then mention the A# so your 485 will get approved automatically.

    Hope this helps.

    CHeers, GG



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  • himu73
    04-09 03:19 PM
    I have observed senior members constantly heckling anyone trying put their views asking "Have you given any contribution ?" "How have you contributed to any work?" This is a democratic cause and i think we not heckle people. It will erode the support base. We need to understand that out of all the members only few percent will contribute. Constant repsonses to people expresssing their view will either drive people away or will not allow more creative ideas to come out. Take this case. It is a very good idea to go to Indian channels. I would expect a response like "Lets approach them and try to convince about our cause" (I know when i am writing this, next post will be why dont you try clling. I am ready but such a responce will dampen anyones spirit. Consider our activity like a profit center. More people and ideas is the driving force.Money is important but people who understnad the cause wont wait to contribute anyway.
    Hope this make sense and we have more positive posts !!!





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  • immigrationvoice1
    11-29 04:55 PM
    I got my H4 stamped first and then applied for H1 while in India. Travelled to US on H4. This is the reason why I cannot work in US without stamping.
    I am not too sure if USCIS would ask questions when I apply for h1B again in future through another company, about my not using my previous H1 aprooval for working in US.


    The line in bold above is NOT TRUE. You can work in the USA with the approved H1B even if it is not stamped and even if you arrived using H4. All you need is a SSN along with the approved H1B to start working.



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  • walking_dude
    10-31 02:48 PM
    Everyone,

    Please provide your First Name, Last Name, Telephone Number, E-mail id (Yahoo). We will call you and let you in ( requests without Telephone numbers will not be approved)

    Here's the link to MI Chapter Yahoo group

    http://groups.yahoo.com/group/ivmi

    We can end this GC mess Together





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  • CantLeaveAmerica
    03-28 09:48 AM
    guys, Murthy says EB2 will move forward in May 2008 bulletine. Reason is getting leftover visa from EB1 India's category.

    http://murthy.com/bulletin.html

    hoping big forward move.:D

    Great for us...aren't are Indian PHD's in the US are as scholarly and motivated as before? lol To think that there are left over visas in this category beats me ! :D



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  • cox
    November 14th, 2007, 08:50 AM
    HI Keith,

    Having shot 10's of thousands of pics on my cameras, I can tell you that I have formatted each of my CF cards only once, when I bought them. I've never had to reformat them for any reason. As Mats said, be careful not to pull them out of the camera when it's writing and you should have no problems.

    There are many sensor cleaning threads here, but I'll echo the blower advice. The less you touch the sensor, the better off you are. I use an oilless diaphragm air compressor (for airbrush use, ~$100). It gives higher pressure air than a bulb blower, and has no propellants or oil in it that could end up on the camera. Most 'real' camera stores have sensor cleaning pads & solution these days. I too have used cotton swabs, and they will work, provided you don't leave any cotton fibers behind, which are a worse problem than the dust.

    Good luck & have fun!





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  • gc_rip
    08-10 08:53 PM
    Oh you are talking about that 5658 one.. It's already been discussed in these forums. Someone pointed out that this was crafted by a senator who is about to retire, and has a co-sponsor from Hawaii. So it doesn't appear to be very strong and would most probably just die silently
    Why can't democrats come up with a bill like this, good for EB immigration? And what would be a reason for Democrats to vote out this bill?



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  • naturopathicpt
    06-29 01:46 PM
    Hi Atty. Prashanthi, I signed a contract from my local Philippine recruiter who brought me here in the US. My recruiter made a hardcopy of terms and agreement and gave my employer and I a copy to sign on. The agreement inlcudes if and when I breach the contract, I have to pay all the expenses incurred by my employer to bring me here in the US (immigration fees, recruitment fees, etc.). I would just like to know if there is a law that allows recruiters to hold employees through this agreement.





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  • Hinglish
    01-08 12:59 AM
    I appreciate your interest in my posts :)



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  • rajenk
    11-27 12:43 PM
    Currently there is no way you can substitute a labor certification. Your post saying "Now the consulting firm is saying that they have substituted a labor for him" could you be more specific what "Substitution" means in this context?

    I am forewarning not to get cheated!

    Thanks
    Raj





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  • chanduv23
    07-11 11:45 AM
    Hi Folks,
    I am one of those guys who has EAD/AP and as per the latest (Aug 08) bulletin, my PD is current.

    I just called USCIS and got my 3rd service request number since Oct 2007. So far nothing has happened.

    I want to know if this is going to have a negative impact on my 485 approval in anyway? Am I not supposed to have my FP done before they can approve my 485? Isn't that a pre-requisite? I just don't want to miss one more boat due to USCIS screw ups.

    Please advise/suggest...

    Thanks.

    Moderator: apologies for cross-posting but I needed an answer soon.

    I am in the same boat. I spoke to my Attorney and she says, it is not an issue. They will ask for finger prints when they start looking at your case.





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  • kaisersose
    07-16 11:52 AM
    That does not make sense! Peaople on H4 are not allowed to work, period! Thats how the Visa category is defined. Now, how will one on H4 to work? Enter EAD! So, while EAD allows him/her to work, it changes the Visa status (be it H1 or H4) to AOS. It does not matter if you travel outside or not.
    I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.

    AOS is adjustment of status that starts when you apply for your 485. It is has nothing to do with using or not using EADs.

    AOS obviously is independent of H status. A H-1 can choose to continue to use the H status after 485 as the two can coexist.

    Like I said earlier, using EAD does not change the status.





    gcloner
    03-28 02:46 AM
    hey! why it is like that?? last month, feb 15 08, the processing date was July 31, 2007 and how come now updated mar. 15 and the processing date became june 08, 2007??? WHY?? my friend got her gc already, hers date was july 19...she got her gc!!so wats up with that!!Do you think they will send mine (july 22)?im so upset!pls reply soon!

    pd's
    January 15, 2008: from April 07.. it became July 19
    February 15, 2008: from July 19... it became July 30
    March 15, 2008: from July 30... it became JUNE 08, 2007???????????

    Do you think it was just a typographical error that it must be August 08, 2007 instead of June???

    this is the link to nebraska service center
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    I NEED YOUR COMMENT REPLIES.





    schandra
    11-24 04:50 PM
    Same here too
    Stuck in EB3 though - I-140 Denied in Aug 2008 and filed an Appeal.
    And to make it worse, no time left in H1 either, as I have been here since 2001.

    Is there any alternative to this?
    As in, can we apply for another I-140 while the appeal is still going on?

    I seached in the AAO decisions website and the signs are not very encouraging. attached link has Jul 30 2009 decision in regards to 3 yr bachelor with diploma. I am seeing a lot of these.

    http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jul302009_07B6203.pdf

    Is there nothing we can do to tackle this situation?
    I would REALLY appreciate if you anyone can provide more info or share their experiences, provide an opinion, ANYTHING.

    Thanks
    Subbu