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  • keshtwo
    07-09 05:00 PM
    How can USCIS adher to 7% per country quota when AC21 explicitly says that if visas are still available after allotment to ROW, the remaining visas must spill over to the over subscribed countries?
    As a result of failure of this lawsuite, if they start adhering to 7% cap, then they are in violation of AC21. That would be another lawsuite for sure.

    dude, When do they know ROW quota is not filled. The last day of the year? do you think they can give the spillover numbers to India, China and Mexico in one day? Currently what they do is, make a guess on how much will be free and then allot spillovers. tommorow as a result of this ladies lawsuit, they might decided to make sure other countries under 7% get their quota, and spillivers might be drastically curtailed.
    Rememer there is no law which states 140K numbers have to be issued. only that max 140k can be issued.





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  • gimme_GC2006
    07-12 05:22 PM
    All right I am current again..exactly after 2 years

    So I am having the butterflies in my tummy with nostalgia of my nail biting thriller during 2008 July-Sep bulletin, where I got royally screwed.

    mwuahhhaaaa...c'mon..come to papa now :D:D

    tick..tock..tick..tock :rolleyes:





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  • CADude
    11-20 11:51 PM
    Good though...

    Guys.

    Please do not mind, my writing this - I honestly think we should stop writing insensible comments like "sick people getting frustrated" and the like...

    IV is a professional not for profit outfit, with a set agenda. We should work together towards achieving our goal, through legal, available channels.

    If things work out - great! If they don't, it's disappointing but not the end of the world.

    People who chose to stay and wait longer for their Permanent Residency will do so; those who cannot (for whatever reasons) will find other alternatives...

    Let's not make this a platform for venting out our frustrations.





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  • cps060
    03-19 06:13 PM
    Thanks for the information.
    Does this mean that if my spouse wants to start school in Sept 2007, it is fine to keep working till August 2007, file I539 change of status to H4 then and then resign from the company once one gets that receipt notice. With the receipt notice itself its good to be in status and can go to school then. The actual approval may come in 3-4 months and that should not be a consideration for the school.

    Please tell me your views/experiences.


    H1 is a non immigrant but dual intent visa.. It is assumed that you might try to immigrate...When your spouse filed I-140 , the immigration intent came forth.. Now USCIS already knows that your spouse wnts to immigrate...
    F1 is a strictly non-immigrant visa. You have to prove your intention of not immigrating to USCIS....
    So your position for asking a H1 to F1 transfer is inherently weak....Again a good attorney can spin it....You need a an extremely good attorney....


    If you are paying out of your pocket, you can go to college on H4..
    Student loans are not available on H4...No financial aid of any kind would be available on H4...

    Transferring from H1 to H4 should be quick....I would not bother to file in premium...You are to stop working anyway....Just getting an application receipt should be good enough to start college....If the college allows, you can start college immediately....USCIS never objects to you going to college
    as long as you can pay....

    I know all this because I did the research when my wife started her college..Should finish this may..



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  • rajeshalex
    07-13 06:57 PM
    Can IV use FOIA to
    1 get the visa numbers allocated by USCIS for the past one year ?
    2 pending 485 applns grouped by country/EB category/priority date?


    I think this will clear lot of speculations/and if needed we can do something regarding the visa number wastage/retrogression.

    Rajesh





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  • InTheMoment
    04-24 11:40 AM
    Wonderful Googler !

    Can you please update your signature with the Service Center where your I-485 was pending. Very pertinent not_to_be_left_out info.



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  • logiclife
    04-23 04:22 PM
    -------------
    Northern California members we need volunteers for an event on Wednesday (04/25) in Campbell @ 1:00 p.m. for an hour. This is much more interactive event. No undocumented immigration issues just EB related issues. Please join the yahoo group and get involved. http://groups.yahoo.com/group/NC_Immigration_Voice/

    Lets keep the momentum going.

    You may want to start a new thread with an appropriate title, to get more attention from members in Northern CA.





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  • skark
    03-21 05:31 PM
    Well, if the poll results is in anyway reflecting real numbers out there with pre 2003 EB3-India applicants being in substantial numbers, then its gonna be a loooong wait for PD to even reach mid to late 2003! Hope its not like that and the "PD seniors" were more active in the poll than the "newcomers"!

    Either way we'll know very soon! *^$%&*$^&%# Just venting my frustration...



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  • kedrex
    07-18 08:02 PM
    bump it up - this is way too important!





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  • imh1b
    12-23 03:51 PM
    Anyone filed a lawsuit yet? Someone please update.

    There was one guy who was planning to do hunger strike some time back. Did he actually do it?

    Or are we all waiting for the next visa bulletin?



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  • vin13
    03-18 04:37 PM
    If you are in need of air miles or would like to donate air miles, please PM me with your name and phone number.

    I will not be able to coordinate if you do not provide me with your phone number.





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  • andycool
    07-12 04:56 PM
    E. APPLICABILITY OF INA SECTION 202(a)(5)(A)AS IT RELATES TO THE ALLOCATION OF �OTHERWISE UNUSED� NUMBERS

    INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), 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 otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.

    For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. 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.

    According to this there should be a quarterly spillover ...:confused: but it looks like spillover is happening only in last quarter :D



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  • mallu
    06-20 02:54 PM
    PD Nov.2002 India EB2( original labor ).
    I-485 RD Jul 2006 . AD : June 2008.
    Waiting for actual card...:D





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  • indianindian2006
    07-14 05:35 PM
    I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.

    I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
    Please state whether or not you are currently working for your I-140 petitioner.
    You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.

    I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
    Will USCIS come to know I quite Employer A before completing 180 days?
    Also is it possible that 140 was revoked by my previous employer?
    What document should I send to USCIS now?


    Could you inform us what your Eb category is and what is your priority dates.
    TIA



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  • vandanaverdia
    09-10 03:34 PM
    You have the fear of rejection EVERY TIME when you go for visa stamping, even though you have been doing so for the past so many year!!!





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  • lunatic
    03-12 12:28 PM
    OMG these are all amazing! I can't imagine how much work went into these. I know nothing about 3d art/programs so I'm not sure what it takes to make curves and such. I loved Elisoe's for the openess and the pipes in the ceiling, BlueSun's for the tile work, and ThirdWorld's for the colors and curves. But I voted Grinch because the map on the wall is killer and looks very real. And plus I'm a cartographer so it just caught my eye. Makes me want to step in and take a closer look at it.

    Great job everyone! This was a cool battle! :thumb:



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  • sunnymit
    07-12 04:58 PM
    Thanks KartiKiran and spicy_guy...





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  • garybanz
    09-27 11:16 AM
    I have worked in France and Belgium for a little over an year and this is my personal experience - the work environment at that time 2000 - 01 was alright. However, I had to struggle with language barriers and worse of all - the keyboard barriers. The standards in IT industry were very very different and though it was an experience, the learning curve was huge. Personally, I would much rather prefer to be in US or better still in UAE I'd think.

    Next, I have been reading a lot about reverse brain drain - where families were going back home. I also heard about some site about return2India.com. And my brother took the step after pondering over it for an year - he had it all - GC, a family here, job at you know where in Seattle - and his experience has been an enlightment - he is now struggling with work life ratio - he spends most of the day/night at work and he has to pay bills at the bank and he has no clue what is going on at the school and somehow, his team in India thinks he is a smartass because he tries to apply certain standards (which ofcourse is normal here) and he speaks with an accent. And yes, if you studied here and lived for 10 years, you too will have the accent. But, he says he is very satisfied and happy to be there.And then he says, the pay scale is sufficient for him and his family to lead the Indian dream. We should have some way of commuicating with such expatriates too!!!

    Thanks for sharing your brothers experience with us. My sister and Brother in law also took a similar decision about 2 years back and yes they were quite frustrated too, my brother in law even started looking for options to come back to US, for some reason he never returned .

    Now they are pretty comfortable, they feel that it takes a while to get adjusted to India again but once they got used to living life the India way they just loved it...now they keep trying convince me to go back ;)





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  • sammyb
    04-23 08:46 PM
    congrats to your long awaited GC ... hope you still continue your association with IV and share exclusive news with us :) ...


    All,

    Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.

    Been in meetings all day so not even a chance to call anyone about it.

    Yay!

    Good luck to all my fellow sufferers!

    Googler





    ashatara78
    03-10 04:38 PM
    The EB immigration system was fine before then; thus, the problem is supply/demand, not the immigration policies.

    I have no comments about comparison of family vs EB but the EB immigration system was not find before then. I have friends who were in this system in the late 1980s, early 1990s and had huge problems - had to wait a long time, could not switch jobs, could not visit back home for sibling's weddings etc.

    It was probably fine during the Clinton administration for a few years 1996-1999 but I only know of a few cases, not many.





    trueguy
    07-03 05:50 PM
    Everyone,
    Can we stick to the subject please?

    Where is the online petition and how soon can we collect all the signature so they can help in getting those three bills approved.

    Thanks



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