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  • Ramba
    07-14 06:39 PM
    Thanks Ramba. I appreciate your positive comments. I guess the only doubt now is to find out a way whether employer had revoked my 140 before 180 days? If they didnt I am 100% safe now.

    Yes. If they revoked the 140 before 180 days of 485 pending, USCIS might have directly denied your 485. They normally dont issue RFE. Since, you recived RFE, I guess it is after 180 days. So hang on. Reply correctly to RFE with all details. You will be fine.

    Are you sure they are revoking your 140?





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  • GCBy3000
    12-27 09:44 AM
    I have been in different states and this drivers licence rule differ substantially. California / florida strictly goes with your H1b validity date. For H4, it is much more difficult and my wife did not get it in CA but somehow managed ot get it in FL. When I moved to wisconsin, they gave me 3+years over my H1b validity date and also for my wife. The entire DMV process took us 5 mins whereas in FL, we stood in line from morining 3 am till evening 5pm and eventually got appointment for next day. When I asked about this in WI DMV, they said Wisconsin does not follow this and they are not aware of this.

    If financial institutions are following govt regulations, does it mean that Govt mandated this against h1b? One of those gimmicks where a H1b is subject to difficulty like obtaining driver lisence etc...is this the same gimmick to legally give hardship to h1b?





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  • GCwaitforever
    02-22 12:28 PM
    FBI checks start only after finger printing. They run them through criminal database. This will still be done. Name check is different and it will be waived after pending for more than 180 days. By April 2008, you should be clear from all delays.





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  • Legal
    07-04 09:10 PM
    [QUOTE=nixstor]Excellent analysis but it does have flaws

    I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.


    "Essentially, the numbers are spread out during the first three quarters and whatever is left is available during the last quarter"

    On reading the Murthy article it appears that the biggest mistake USCIS committed was using up the visa numbers before the 4th qtr began on 7/2/07.

    USCIS did it other way around...desparately rushed to use up the numbers before the 4th qtr began....only explanation is to avoid doing additional paperwork for the July filers...



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  • bajjuri77
    03-09 10:53 AM
    Hi,

    I have 6,355 miles from Delta. I want to donate these miles to someone who is travelling to DC. Please let me know if I can do this and how to do it.

    Thank you and good luck to you all.





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  • Nil
    03-10 09:27 PM
    How abt showing the US govt - what is in it for them?
    If they recapture x number of visas and y % buys a house soon after, it is a win-win situation. They provide solid ground under the feet of LEGALs and the benefactors build on top of that ground.
    A key item will be to get a petition from a number of IVeans pledging to buy a house if they get a green card. If that number turns out high, this will be a good blil-board for our cause.



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  • Jaime
    09-11 05:26 PM
    You've worked hard for what you have! VERY HARD!!!! Remember the grueling exams and study back home to be the best and get to the U.S. Remember your sufferin, hard study and hard work once in the U.S. to be the best and contribute to this country!

    Don't let the Reverse Brain Drain suck you in!!!!





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  • pmb76
    03-18 06:47 PM
    Now for the rest of this year the EB2 queues for China and India are merged. Visa allocations will be solely based on Priority date. So for example if India has many priority dates that are before China's, India may end up getting more visa allocations. The same holds true if China has earlier priority dates than India does. That's how I inderstood it and I thought I would try to explain it to some who did not. Otherwise sorry for stating the obvious.



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  • gc_lover
    07-18 09:54 AM
    I checked with somebody who has hired Rajiv Khanna as his lawyer. He said that those who had filed in July are fine and there is no need to re-file it.

    I am still waiting to hear from my lawyer though.





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  • ramus
    07-03 06:25 AM
    Lets contribute... We have big day ahead of us..



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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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  • zuhail
    04-11 01:23 AM
    A very useful piece of information has been brought to our attention by shiankuraaf.
    Thank you very much!

    http://www.dhs.gov/ximgtn/statistics/publications/LPR08.shtm

    Table 6 Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 1999 to 2008

    http://www.dhs.gov/ximgtn/statistics/publications/YrBk04Im.shtm
    Table 4 Immigrants admitted by type and selected class of admission: fiscal years 1986-2004

    Employment-based preferences (Total Number)

    Year QUOTA ISSUED Unused/Excessively used
    1986 140000 56617 83383
    1987 140000 57519 82481
    1988 140000 58727 81273
    1989 140000 57741 82259
    1990 140000 58192 81808
    1991 140000 59525 80475
    1992 140000 116198 23802
    1993 140000 147012 -7012
    1994 140000 123291 16709
    1995 140000 85336 54664
    1996 140000 117499 22501
    1997 140000 90607 49393
    1998 140000 77517 62483
    1999 140000 56678 83322
    2000 140000 106642 33358
    2001 140000 178702 -38702
    2002 140000 173814 -33814
    2003 140000 81727 58273
    2004 140000 155330 -15330
    2005 140000 246877 -106877
    2006 140000 159081 -19081
    2007 140000 162176 -22176
    2008 140000 166511 -26511

    Sum total of the differences from 1986 to 2008: 626,681. Vow!!!

    So when looked between the period of 1986 and 2008,
    there were a total of 626,681 un-used visa numbers that can be re-captured.

    This is based on the BIG assumption that the yearly quota for EB categories is 140,000 from 1986 to 2008.
    Does anybody know how to verify this important assumption online --a link to a gov website perhaps?

    It would be good to verify when the law specifying 140,000 visa numbers per year was passed and
    what were the criteria for visa number usage prior to the existence of the law.



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  • abhijitp
    03-05 02:34 PM
    Many of them during the letters campaign, and most are ready to buy a home within a year of getting their green cards!

    On ther other hand I personally know a very highly educated guy (IITBombay, MS then PhD in Electrical Eng- with a specialization in wireless tech) who got his EB GC 2-3 years too late... by that time the tech boom was over but the housing boom had already begun... so he decided to wait a few more years. Now he feels bad about the whole thing, and wonders if he should have bought a home when he was on H1B-- even if it would be frought with risk! That way, he would have been a millionaire today-- just like his friends who got their GCs and bought homes well in time.

    8 years later, the history is repeating itself.
    500,000+ people are patiently waiting in the EB GC queue... and chances are they will helplessly watch as home prices hit the bottom, and then rebound a few years later.

    Some of them might decide to take the plunge and buy a home to take advantage of the low prices. However, many of them may be simply denied this chance becasuse their future is tied to a plastic card that has to be renewed every year!

    Singhsa, sorry cannot help you right now with the media... maybe you can try getting help from the IV-media team?





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  • bec
    10-15 04:53 PM
    Please wait and watch for couple of months. You can keep writing to congressmen, ombudsman, push for visa recapture in lame ducks, ask for more transparency into the process but please don't send any flowers now and try to embarrass any govt organization directly. We don't know what effect its going to have.Instead go through the Ombudsman to voice your concerns.Finally, please get the consent of core IV before you attempt this.

    We really, really want EB2/3-I folks, especially those who have been waiting for 5 years or more, to get out of this gc process as painlessly as possible.



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  • thirdworldman
    03-09 10:56 PM
    Oh yeah, I know my bench sucks.





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  • axp817
    02-13 02:54 PM
    Congratulations on the new job, glad everything worked out for you, even in these difficult times. The hard part is behind you now, replying to the RFE shouldn't be an issue anymore.

    Godspeed.



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  • nixstor
    10-15 01:37 PM
    IV has been working with officials in DHS (not USCIS) to find the exact number of AOS applications pending sorted by priority date, per country, per category.

    Even though the need for requested information is clear and DHS officials agreed to push USCIS for such information, they clearly told IV to demonstrate the need by filing FOIA requests. A request from IV is already pending, but the more the number of requests, the more prioritized this request will become. There are approximately 65,000 FOIA requests pending in Track2 of USCIS queue.

    FOIA can be filed with USCIS either by using G-639 or by writing a simple letter. Our request will not fit the G-639 format and a simple notarized letter will do. I am attaching a sample document that members can download from Google docs (http://docs.google.com/Doc?id=ddkc5z3x_4cj4sxwgh) and replace the fictitious John Doe information with theirs and mail out the letter to the address in the letter.

    If you are really information hungry, this is your chance to get it.

    (1) Download attachment

    (2) Replace John Doe information with yours & print it

    (3) Notarize it and fax/mail it. Notarizing your request prevents from frivolous rejection

    Fax number (816) 350-5785. Make sure you get your confirmation if you fax it.





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  • msgrewal81
    02-18 04:45 PM
    Sorry guys, I misread somewhere.:D

    What about illegal immigrants with < 5years. I think these senators will leave the overall problem unsolved.





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  • Abhinaym
    07-03 12:01 PM
    I admit, it seems discriminatory to say you can't get your GC now because you're from this country or that country but these "high volume" countries have created the current back log through their sheer numbers and sometimes multiple applications, not the system. The system is fair to ALL and for some group to say that it isn't fair because all of that group isn't getting what they want is unjust to the rest of us. I knew I would be pounced upon when I submitted my original post and it only proves my point of personal agendas; sometimes I wonder what the "I" in "IV" really stands for? Don't be so arrogant as to believe that your higher education should give you more rights than others - that doesn't fly with me! I am frustrated with this forum because of this arrogance and I may not visit too much longer!

    I do have one question for all of you who are in favor of eliminating the per country limit; do you support an eventual road to citizenship for the large group of people who dominate the "other side" of immigration? If you don't, some may think you hipocritical to want the rules changed for yourselves!

    Ridiculous, nobody ever mentioned education here. Did any one here mention higher education at all?

    You want to get ahead of me in the line just because where I was born even if we're equally qualified, and you're calling me arrogant???

    Yes, our countries are 'high volume', how does it matter? Who are you blaming for what? Now what, you want to be commended and applauded for your countries' low population? :D LOL!

    Why is it so unjust to wait your turn?

    BS! IV has done so much for all immigrants and not just Indians. You should get your facts straight here. Besides this is a thread created for this purpose, there are plenty of threads which help you, if you ignore all of those and make your opinions on this you're being obnoxious. Also, the number of people in support of this petition is a tiny proportion of IV'ers. So stop stereotyping man, it is showing.

    You say that we applicants are to blame for our countries' populations? I.e. we're responsible for circumstances that happened before our birth? Could you get any more ridiculous please?

    I hope you begin to understand who is sounding arrogant here.





    sanjaymk
    07-17 06:34 PM
    Here is a rough draft of what we could use for the Webfax, please feel free to add/modify and change it to get to the final version. I feel it is a little too long so feel free to suggest your changes.

    The Truth Shall Set You Free � Bible.
    OR
    This country will not be a good place for any of us to live in unless we make it a good place for all of us to live in. ~Theodore Roosevelt

    Respected <<Senator>>,

    I would like to bring it to your attention some of the false propaganda and myths about highly-skilled H1B workers that are being fabricated and spread among the Senators. Most notable among them is a fax from NumbersUSA organization.

    NumbersUSA has been faxing the below document to Senators and Congressman and urging them to vote against the SKIL bill act. I would like to bring it to your attention that this document is filled with blatantly untrue and misleading statements.

    Dear [This fax will go to Your U.S. Senators and U.S. Representative ]

    I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.

    Here are just a few reasons why I hope you will oppose the SKIL Act:

    (1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
    (2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.

    (3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.

    (4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.

    I would like to take the second point and prove the fallacy of this vicious propoganda.

    A simple google search of the key words (alien taxation), leads me to this IRS document http://www.irs.gov/businesses/small/international/article/0,,id=129431,00.html that unambiguously states right at the beginning that

    ..the controlling principle is that RESIDENT ALIENS are taxed in the same manner as U.S. citizens on their worldwide income

    Further links in the same website lucidly and succinctly explains with clear examples the taxes for highly skilled H1B workers(The links to these documents are furnished in the Appendix.)

    As a resident of your state I would like my representatives to use their precious votes based on sound facts and information from credible and trustworthy sources, because the last thing a representative would want is their constituents doubting their credibility and decision making.

    I sincerely, kindly and respectfully urge you to kindly take this into account while making your decisions in the future.

    Respectfully Yours,
    <Name>


    Appendix.
    ========

    http://www.irs.gov/taxtopics/tc851.html
    http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html (Example 8 specifically)


    ================================================== =====





    downthedrain
    02-03 08:46 PM
    Guru's please check if this employment letter is enough for the above mentioned RFE....


    Dear Sir/Madam

    Re: Employment of Mr. John Doe


    This is to confirm that Mr. John Doe is currently employed in our organization as a Senior Software Engineer at the annual salary of $ x per year.

    Mr. Doe’s compensation package includes medical, dental benefits, sick leave and paid holidays.

    Please do not hesitate to contact us if you have any questions.

    Sincerely yours,



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