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  • abhijitp
    07-24 01:35 PM
    1) is it safer to wait for RN and then submit this letter as evidence quoting the A# assigned, I think that would be wise for a concurrenly filed application. My lawyer said that if its concurrently filed, the letter accompanying the i-140 is sufficient and 2 letters are not required. But if the i-485 is on it own then an employment letter must accompany the form.
    Different lawyers are providing different opinions on this. To follow the letter of the law, you MUST submit the employer letter.
    OR
    2) is it a better idea to submit a new I-485 rightaway along with the letter, What is reasoning behind this. Are you expecting a rejection? Why not wait for the RN and then send in the letter? Have you spoken to your lawyer?
    To follow the letter of the law, you MUST submit the employer letter. My lawyer says it is extremely unlikely you will receive a rejection for this especially since USCIS says it is okay to submit without Medical clearance. In my opinion, this is a lame excuse. I am happy to wait for RN, if only there is the guarantee USCIS will issue one, and won't reject my packet rightaway!

    OR
    3) should such people just wait hoping they will receive an RFE (I don't like this one at all) whenever the case is opened? For initial evidence items I believed that it would be automatically rejected if not included, HOWEVER, with the new press release from USCIS on July 23, if i-485s WITHOUT medical reports will be accepted, then what is an employment letter?I hope that is true. AILA seems to be working on this. I am happy to believe it if USCIS issues a press release to that effect... high hopes:-)

    pls find above the answers.





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  • crystal
    02-15 04:48 PM
    Can you let me know, why US is applying this logic to 15% of EB immigrants only, while leaving it open with out any limits for FBs and Others which constitues to the major part of immigration?

    Well, I do have a vested interest in maintaining status quo, at least with regard to the per country caps. :)
    But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'





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  • pappu
    07-02 05:18 PM
    Thanks Ramus. Yes this is important for us in order to proceed with our action plan for protest against this insane visa bulletin. We need everyone's help and contributions.





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  • lahiribaba
    02-03 12:28 PM
    Mirage - I totally support you man. You got to do what your heart feels like ... If you get too tired of waiting and living this CHAINNNNED life and you want to meet Mr President to let him know how you feel - man by all means you got to do it.. Remember the flutter of a butterfly wings in Jailsalmer starts a tornado in florida... there are numerous occassions when one single man's stand changed the entire nation .. I totally support you . If the good old USA is still a FREE COUNTRY then there is no reason why you should not go ahead...

    As for getting support from others it is nice to have support but it does not mean that if they do not support you , you are wrong. What you are saying is RIGHTFULLY JUSTIFIED and every man and woman in this country has the RIGHT TO PURSUE HAPPINESS. After all that is the reason why we want our GC here. There are many people in this forum who are just FOB's and there are many who have just given up after years of waiting .. but people like you can keep the flame alive. Salute and good luck my friend.



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  • abd
    09-23 09:47 AM
    Just when i was wondering that we will have to wait till OCt 1 when new visa are avialable... I saw your message... If i was you i will wait too for next 5/6 days you have till oct to respond.


    Does that mean there is still hope that we may see some activity on the cases who have responsed to RFEs or we have to wait till OCt 1 Chewing our nails?





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  • pv2715
    07-12 06:41 PM
    That may not be true. I had read somewhere (in this forum) that DOS sets up cut-off dates as 01, 08, 14, and 22, and 01 includes from 1st to 7th, 08 includes 8th to 13th, and so on and so forth.
    Come August 1st, who knows, (strange are the ways USCIS works) his file may be the first one to be picked up and approved before those of March 05 guys, some of whom are still waiting, like Pitha etal.

    Hi,

    Can you point me to the source of the above? The reason why I ask this is because my priority date falls between March 01 and 07....So near, yet so far!

    Thanks,



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  • kondur_007
    04-10 10:28 AM
    Does anyone have numbers for spillover last year category wise? I mean, last year how many EB4, EB5 and EB1 left out visas got spilled over to EB2? Thanks...

    Here are the details for last year and years before:

    (Thanks to user "sangiano" on : link: FY2009 Visa Data, Spillover to EB2 - Will it be Similar FY2010 (http://www..com/usa-discussion-forums/i485-eb/498198953/fy2009-visa-data-spillover-to-eb2-will-it-be-similar-fy2010))

    Employment Visas 2009

    Total Employment Visas for FY2009 = 141,020

    Theoretical values without spillover

    EB1 28.6% = 40,332
    EB2 28.6% = 40,332
    EB3 28.6% = 40,332
    EB4 7.1% = 10,012
    EB5 7.1% = 10,012

    Actual values with spillover

    EB1 40,978 = 29.1% received c.650 spillup visa used
    EB2 46,034 = 32.6% received c.5,700 spillover visas used
    EB3 39,791 = 28.2% received c.550 less visas than quota
    EB4 9,999 = 7.1% Zero spillup visas to give
    EB5 4,218 = 3.0% c. 5,800 spillup visas to give

    What is noteworthy is the fact that spillup/spillover visas were only available from EB5.

    In addition, EB1 actually consumed spillup visas and did not contribute any spillover visas as a result.

    This implies that the total spillover visas available to the 7% limited countries was only c.7,500. Since 5,800 came from EB5, less 650 used by EB1, this gives a subtotal of 5,150. In turn, this implies that there were only 7,500 - 5,150 = 2,350 as spillover from EB2-ROW. In the worst case the difference is entirely from EB5.

    I think it gives food for thought and shows the difficulty of trying to second guess visa consumption in Categories that are always current. I accept it might be easier to get a handle on non-NIW EB2 because of the PERM data available for ROW.

    I'm not sure why FY2010 would be much different, at least for EB1 spillover.

    Additional notes from subsequent posts:


    There was significant spillover in FY2007 because (based on 154,497 total EB visas) :

    EB1 only used 26,806 out of a possible 44,186 available visas.
    EB4 only used 4,794 out of a possible 10,969 available visas.
    EB5 only used 793 out of a possible 10,969 available visas.

    That gives a potential spillover of 33,731 visas to categories below EB1. In FY2007 that mostly went vertically to EB3.

    There was significant spillover in FY2008 because (based on 162,949 total EB visas) :

    EB1 only used 36,590 out of a possible 46,603 available visas.
    EB4 only used 7,648 out of a possible 11,569 available visas.
    EB5 only used 1,443 out of a possible 11,569 available visas.

    That gives a potential spillover of 24,060 visas to categories below EB1. In FY2008 that all went to EB2.

    The amount *was* smaller in FY2009 because (based on 141,020 total EB visas)

    EB1 used 40,978 which was more than the available visas of 40,332 (i.e. it used some of the spillup from EB4/EB5).
    EB4 used 9,999 out of a possible 10,012 available visas. (i.e it pretty much maxed out)
    EB5 only used 4,218 out of a possible 10,012 available visas. (i.e. much higher than previous years)

    That gives a potential spillover to EB2 of 5,161 visas, which is substantially lower than previous years.

    This is all his analysis based entirely on historic data (no predictions here; just what has already happened). All credit of analysis goes to him. I never crunched a single number; I am just an "integrater" of the info. Please also note that now we have found out that the word "spillover" should actually be "fall across and down"

    Hope this was the info you were asking for.





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  • webm
    06-06 02:16 PM
    Congrats!! bodhi_tree



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  • iptel
    12-11 02:59 PM
    When we file I485 its with Department of States and not USCIS which is part of Department of Home Land Security. In my opinion it is DOS who has to agree filing I 485 even if visa number not available.





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  • smuggymba
    08-21 12:35 PM
    Thread Starter - unless you tell EXACTLY which GC category you fall in, when exactly was it applied - is the employment based, family based or what........ur asking questions but tellt he TECHNICAL details of your case..rather than saying USCIS is bad etc.

    USCIS evaluates an application when they open it for the first time - if they saw ur application 6 years later and a single field were missing...u'll have to file again.

    To me it seems like - u were illegal when u filed becuase u came here for a month and instead filed for GC, which was not ur original intention.

    The work u do here will get u a job in canada easily. Tons of ppl are moving to canada from US just because of this crappy USCIS and GC process.

    Contact an attroney, if u dont have the money, request someone pro bono favor or contact some agency. I'm not sure if canadian consulate can help u.



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  • pitha
    02-21 04:05 PM
    I agree with you but I am not frustrated but pointing out the realities. See what happenned to labor substitution. People misused it and the end result is there in no labor substitution any more. The way people are misusing eb2 it is just a matter of time when it would be almost impossible to get eb2 even for genuine job requirement. USCIS and DOL know what happenning with EB2 and they will crack down.

    pitha...while i bear the frustration of the doors slamming on my face in october 2005 (eb2 was current prior to that) for the sheer fact that i had an incompetent attorney during the initial days when my LC process started.....i would not go far as saying that the porters have "cheated" the system.

    The law via Chintakuntla provided that a person with a bachelors degree and 5 years experience is equal to an advanced degree holder.

    All the porters are doing is following the law. Its frustrating to people like you and me, but its their right. If i was in their position and the law allowed me to take advantage of a provision of this nature, I would gladly take it.





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  • ramaonline
    08-21 12:54 PM
    The I485 Supplement A is for 245 i which means you had to be present in the US in the year 2000. Since you never entered the US until 2003 it does not look like this form is required in your case. Please call the USCIS customer service number to confirm this.



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  • imneedy
    05-07 03:46 PM
    Thanks for sending the letter to USCIS and now posting the response here. IV has taken action in this regards.

    What is the next step? Do I need to follow up with another letter?





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  • nojoke
    01-22 11:57 AM
    Nothing is right or wrong, as meaning of quality of life is a very subjective thing.

    In Japan, people work hard, send money/products to the US, and be happy for better quality of life by looking at increasing balances in their bank books each morning, and don't care what homes/cars they have.

    In the US, people get happy for better quality of life by looking at their new BMW's, and nicely furnished homes (bought by money borrowed from Japanese investors), and don't care what they owe.

    Both are unhappy too, for not having enough what they want more, Japanese want to have bigger balances in their bank books, and American want bigger BMW's and homes.

    "Peace of Mind - Do you have" referenced in posts above is just a price for the quaility of life they "enjoy". No enjoyment comes without a price.

    My issue is not with the quality of life. Don't we need to consider the risks associated with the quality of life? I see that there is a sense of entitlement that you should live your american dream or whatever at whatever cost.



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  • ujjvalkoul
    01-17 03:00 PM
    The Monthly newsletter that IV sent out may not be enough.....some people do not even read that...Subject line may have to be more urgent.....so that people take notice of the dire situation we are in in terms of funds....

    Can IV Core send email to every member to contribute one time or recurring...in a separate email





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  • EB3_SEP04
    05-26 05:58 PM
    It has nothing to do with guts but common sense. When a police officer asks for your driving license and registration, would you be silent or even ask for an attorney quoting your rights ? The law clearly states (read my previous post on this thread), within 100 miles of International border, border patrol officer can ask for your immigration status, if you say you are not a citizen (see Desi3933's post as to what can happen if you say you are a citizen when you are not). If you refuse to produce proof, you can be arrested, plain and simple.

    You missed the point totally ! it's not about just excercising my right or giving hard time to the authority, it's about resisting/protesting the STUPID law in every legal manner possible. when they ask for DL they don't do that without suspicion, or they don't do that only to the non-citizens, i hope you see the difference. AGAIN, in any civilized society people should not be stopped/searched/questioned without any suspicious activity. I hope i am clear enough this time.



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  • xyzgc
    01-17 11:56 PM
    Got lots of reds as expected. Excuse me for using strong words. I'm sympathetic towards everyone who has lost jobs or fears layoffs. I have weathered the 2001 storm in the valley. It was horrible. However, people buy expensive real estate without obtaining permanent residency first and then start laughing at others for being so conservative. Its utter stupidity. In one of the other threads I was arguing with some one over whether its a good time to buy a house or not. I am totally for buying a house even in these uncertain times provided you are a dual income and provided you have your green card and despite that some folks didn't agree with me at all!

    Today, buying hiouses is risky but folks don't realize if you are on H1B, it is a temp visa you are sticking your neck out. Even if you have your EAD, it doesn't mean shit. If your employer revokes your 140 you are more or less doomed, unless you are very lucky. Now, please don't dispute this statement of mine by presenting legal facts.

    I look at it this way, your gc is controlled by your employer, you get laid off by your employer, your company has ZERO interest in keeping your job position alive and considering employing you at a future date. Period.

    H1B is not green card, EAD is not green card, your PD being current is not a green card.f you think you can transfer your H1 with some consulting firm and retain H1 status on bench, you are playing with fire.

    Giving reds to me is not going to change the basic facts. Leaving your cars and your houses behind without paying your dues is the worst crime in the book. It destroys your credibility. Not only that you, main street, are then responsible for mortgage crisis and then you coolly blame the wall street and Mr. Bush for everything that goes wrong.





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  • pbojja
    12-10 11:45 AM
    With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.

    Stop the non-sense . As if USCIS-DOL knows exactly how many portings are going on ..do you think all the movement of this dates make sense ? just check last year movements .. they have no theory no logic or no numbers they just move with no logic ... At the end of year they move to 2006 or 2007and back to 2003 next year ..

    I m EB2 2006 and I have no problems with portings ..go for it EB3 folks ..I know it will be a year or more process but worth it , I think EB3 early 2000 folks deserve GC than a 2006-2007 EB2 folks(Dont think you are genious just because you are EB2 ..we know we all do same jobs).

    I m ready for reds and dont care a bit .





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  • miami75
    07-02 10:27 PM
    Here is my contribution Google Order #920441777988850





    mariner5555
    03-04 01:33 PM
    I was 37 years old when I arrived on H1b in 1999, I had owned properties back home and I had a fair amount of equity.

    In 1999 my wife and I could see the Southern California real estate market was growing. Our initial idea had been to rent for 6 months, and get to know the area, then decided where we wanted to buy. My employer applied for H1b in November 1998 and it was approved in May 1999. We came over in January 1999 to look for property to rent but also with a view to maybe purchase.

    Within 2 weeks of my H1b approval my wife and I came over and because of the property price increases since we began looking at the market we felt renting was going to be dead money and we need to buy for economical reasons.

    So in June 1999 we purchased a 1,950 sqft house for $280,000.

    In September 2003 we sold that house for $535,000.

    Using the increased equity my wife who is H4 chose another house (as she couldn’t work it was important to me that she be happy in the house). The next house we purchased was 4,550sqft, and in December 2003 it cost $835,000.

    I know the market for real estate is shrinking, but according to Zillow.com this morning the property is valued around $1,230,000 albeit was worth considerably more a year ago.

    I’m not looking to brag, I am sharing my experience.

    1 my wife and kids were on H4 they needed a home to be happy in.
    2 it made economic sense to buy
    3 we got the right funding
    4 had we waited for GC we could never have afforded the home we currently live in.

    The timing of immigration approvals had no bearing on whether I decided to purchase property.

    good luck to all
    I agree with Singh who said those were different times .. and you are lucky too (And qualified I guess)..many in california could not afford to keep their cars during last slowdown (my friend brought brand new mustang and then had to sell it for 12 k ..4 month old car - 3000 miles on it) in a hurry. people left their cars in parking lots (thats what I heard). buying a house makes sense if you know you will be in that place for a long time - and the price is right..(last few years it was like crazy speculation) see the link I had posted in my prev posting ..it is a horror story now.
    does it make sense to buy in california now ? it would be sheer stupidity (in my view) ..maybe after price comes down another 20 percent would be right time to buy.
    http://www.marketwatch.com/news/story/tragedy-recession-its-bad-ending/story.aspx?guid=%7B5D72D7E3%2D76BB%2D4CAB%2DB4D0%2 D60F87DA734B7%7D
    in the end it is supply and demand ,....supply is huge for housing and is growing ..there is no (negligible) demand ..and hence even small increase in demand helps ..this is economics 101 !!!

    the other point(and the main point) is to use this to highlight our problems(and to keep on trying ) ..and hope that someone listens. the other option ofcourse is to let things drag on ....

    these are first few main points of the article
    ----
    1. Home prices will fall 20% to 30% from the peak
    Roughly $4 trillion to $6 trillion of household wealth will vanish. Large home builders may go bankrupt, triggering further declines in home-builder stocks. Even Fed Chairman Ben Bernanke admitted last week that housing prices could fall into 2009.
    2. Prime and near-prime mortgages losses
    "This is a generalized mortgage crisis and meltdown, not just a subprime one," warns Roubini. "About 60% of all mortgage origination from 2005 through 2007 had these reckless and toxic features. And losses among all sorts of mortgages will sharply increase as home prices fall sharply and the economy." Add another $300 billion in losses





    cdeneo
    03-07 02:28 PM
    Can someone please shed light on this - I was looking for the same information.

    What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?

    Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?

    One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?

    Thank for all the advise.

    ---------------------------------
    Contributed $100.



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