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  • brav
    11-29 08:10 PM
    Does it mean FBI has to clear/decide the case in 120 day time frame and If it fails to report back, uscis is free to adjudicate the aos

    The message says designated time frame, without specifying what the "designated time frame" is. I am just curious, where did you find that 120 days is the "designated time frame"?

    Thumbs up to IV and everyone involved in making this happen.





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  • rockstart
    01-15 08:08 AM
    I have sent the letter to WH and cast vote.





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  • immigc06
    03-04 11:01 AM
    EB3-I is a lost hope, i dont think there will be any movement for next 2-3 years. Year 2001, 2002 and 2003 had 185K H1Bs and even if we assume 100K being used by India and all of them applied for GC -(half of them in EB3 to be optimistic). The number would be 50K/year just primary applicants. So, to advance from 2002 with 50K applicants would take---you can guess. There are only ~4000 visas/year for EB3 India.





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  • hiralal
    04-21 08:50 PM
    I want to bring out the plight of legal immigrant community that has been silently suffering the consequences of a broken immigration system. It really baffles me that all the focus in immigration debate is on ILLEGALS when highly educated LEGAL immigrants who play by the rules, pay taxes and follow the law are left in the lurch. Attending to legal immigrants plight will also send a positive signal to the ILLEGAL community to see the perks of being LEGAL. Right now, it seems more rewarding to be ILLEGAL than pursue the LEGAL route towards immigration. What an irony!
    The country based quotas imposed on Employment Based green cards are not only unfair but self defeating because the benchmark is country of origin and not qualification! Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy.
    The immigrant community is really looking at President Obama to deliver on his promise of CHANGE - Change that we can believe in.
    good initiative ..I have sent the email and I will be asking my wife to call all her friends and spread the word. guys do the same.
    I also mentioned that I wanted to buy a house since a long long time but I cannot buy because of gc delays



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  • myvoice23
    07-20 07:27 AM
    Hi all legal eagles, advice please

    My case is quite complicated. Here is my situation.

    (1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
    (2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
    (3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
    (4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
    (5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
    (6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
    (7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.


    Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.

    But the risk in this plan is that
    (1) By the time she is back in US the dates may retrogress again.
    (2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.

    Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.

    Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.

    And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?

    Common man. .You already aware of that your wife's apps are not ready for I-485. Is this USCIS mistake and you says cruel system? It is your problem when you got the opportunity to not utilize it. You might say some another reason to excuse your self. Don't blame USCIS for everything man.





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  • guyfromsg
    06-27 11:37 PM
    Since lot of people go to Costco for passport photos and the specs are similar I'm using them. Photos look good the place holder for the photos shows the specifications i.e. face size and you can place the photo next to it and verify.



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  • tanu_75
    07-29 05:44 PM
    :D

    Oh ,yes is my dream to move in India or China:D, wait for that, I will let you know.

    well this is your time. with eb3 row 2009, you probably are in wait for at least 5 years. Anyway the point is, no country would be stupid enough to stop great talent from coming through to satisfy it's diversity policy. When you are talking about 0.14 million immigrants for a nation of 300 million, that's less than 0.05%. So please take your diversity argument with you and don't let the door hit you on your way out. For this miniscule percentage, the US will lose out on thousands of the best Indian and Chinese engineering/science talent. US's loss, India/China's gain. If this is not an example of an extremely stupid strategic policy then I'm not sure what is.

    Oh and by the way, may not be me or you waiting for Indian/Chinese GC's but could be your kid and mine. Let's have this talk again in a decade or two given GDP growth,debt and deficits of US and GDP growths/deficits/market size of India/China.





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  • Berkeleybee
    02-26 09:52 PM
    Sure, why not.

    Can you have one of your students come up with some Chinese text for us? An 8x11 poster's worth? We can place that pdf in our resources section.

    Here in the East Bay, the Pacific East Mall (incl Ranch 99) would be a great place for this.



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  • gc007
    01-07 10:25 PM
    Oh No ! Thats too bad. I was really hoping that it was possible to use the old H1B. And can be used anytime to change the status.

    I am hoping someone wud come up and say Yes its possible.....

    keep me posted if find anywhere about the same.

    Thanks !




    I am in exact same situation. The company that is going to sponsor my H1 checked with two attorneys and both said that I will need a fresh H1 in April07 and I can start working from Oct07. Even I never got to work on my earlier H1. I guess this is because you need previous paystubs for H1 transfer. Let me know if you hear otherwise from your attorneys.





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  • nviren
    04-02 04:28 AM
    Done sending both faxes.



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  • gc28262
    07-29 01:44 PM
    asylum - you are very funny
    lottery - acctualy they have a country limit
    green card - :confused:
    undocumented - we are talking about legal immigration (for gk_2000 also)





    explain your logic please...........the limits are not based on Asian, African, Indian,etc........please check the dictionary to find out what it means racism.

    Thanks

    Immigration and Nationality Act of 1965 - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965)

    Please look back at this country's immigration laws over the years. When Europeans were immigrating to in large numbers, they didn't have any issues with that. They never felt the need of country cap. When non-Europeans started immigrating in large numbers, america suddenly realizes she has to be "fair" to all countries in the world and fairer to whites in particular.

    It is such a shame that this country covers up racism with "diversity" in this 21st century.

    Moreover skill has nothing to do with country of birth(EB category).


    Diversity:
    Diversity has to be reflected in the population already in US. Do you think Indians/Chinese are a majority in this country ?





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  • p7810456
    06-23 12:22 PM
    Folks

    where are you guys taking these? Fedex kinko's would be fine? any pointers in the NY-NJ area?

    Thanks
    I got mine from Walmart, after i heard from couple of my friends. they give 6 photos for 8 bucks or something, where-as if you go to places like Walgreens or CVS.. they only give 2 photos for 8 bucks.



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  • nc14
    11-30 04:25 PM
    Most of the EB2's are very happy with the bulletin (which they should be) but I also see most of them are non-donors (or the free riders).

    Thanks IV as always for the updates and keeping the hope alive.





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  • felix31
    12-21 01:57 PM
    You BET. I really hope for all our spouses sakes that the Congress DOES increase H1Bs as well

    I hope too, school districts hire teachers between june-sept and judging by the speed last years quota was gobbled up, I can hardly hope to get a job as a teacher 10 months in advance...

    THis is great news however as I hope to graduate in a year and than I can take advantage of the Masters quota



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  • nivasch
    04-02 11:07 AM
    Again sent the fax#10 and 11 to NJ Sen
    Nivas





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  • sanju
    09-09 12:11 PM
    On your previous post you mention about salary hike and %ges...can you please clarify if a person continues to work for same employer (who filed PERM and 140) and salary hike is (base salary or bonus) 10% or more per year and AOS application process takes 2-3 years (so, total 30% difference in 3 years)...is that a negative on your application? or can it be a reason for denial?
    Thanks
    Rahul

    This is an excellent question Rahul. I have tried my best to find a definitive answer to this question. Different experts/lawyers have given different answer to this question. So I am not sure if salary hike at the same employer would hurt AOS application in anyway. On the face of it, it should be a no brainier and we would like to hear that. Most of the times, we all want to hear our lawyer give us a specific reply, so even if they lawyer is telling us something which doesn't directly imply what we want to hear, we still think that that the lawyer is telling us what we wanted to hear - "selective hearing".

    But some lawyers have told me that substantial salary increase (30% in 3 years can be seen as substantial) could be a problem at USCIS. They could argue that the job/job requirement/job responsibilities have changed substantially as there is a substantial change in the wage rate offered. So it’s a grey area. In effect, system is designed to keep us where we are till the time the green card petition is approved. I realize that this doesn't provide a definitive answer to your question and sorry about that, but this is as much as I could find out about the specific question.



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  • sanjay
    02-11 10:29 AM
    I believe in VLD Rao. He gives me hope. :-)

    But, Mpadapa has some reality. That's what we are seeing in last 3 - 4 bulletins. A slow but steady movement.

    Atleast with current movement we can plan in what period we can expect our case will clear.





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  • Saralayar
    12-18 02:49 PM
    Sorry to hear about your situation. You should've taken unpaid leave for two weeks instead of a lay off. Now you definitely should not file AC21 and hope that the USCIS will not issue RFE (rarely happens). It doesn't matter how you quit, if the USCIS finds about it, it will probably deny I-485.
    Regarding Shusterman's Q&A. I am not sure where is he coming from. The law does not provide for lay-off exception.
    Recently I heard that if you are laid off from the company, then the 180 days period won't come into picutre and you can very well move to another company, provided your I-140 is approved and not revoked. I think they have made some modifications recently to the law on this type of cases. Talk to your Lawer to find out these changes.





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  • kevinkris
    01-28 12:53 AM
    Sorry all, i couldn't find video in english. But the video says it all.
    Chip locks which are normally used against terrorists and criminals are used
    on students of tri valley univeristy.

    It's a human rights, privacy issue at it's peak..

    It's heart breaking to see like this..

    There may be scam from students, university but it's also problem from consulate, USCIS etc.
    This is ridiculous..

    YouTube - AP students face US deportation (http://www.youtube.com/watch?v=RxFHw56fTwE&feature=player_embedded)





    John_doe
    05-02 12:54 AM
    I completely agree with what sandy_77. I am going through a similar fate, although i have been in the US for a little less than 5 years.

    I have a MAsters degree from US and been working there for the last 2 years on an approved H1B work permit. So I came to India to get my visa stamp for H1B as my earlier visa (F1) was expired. Life was apparently going smooth till I came to India in december 2007, primarily to get married and also get the visa stamp. But everything has been going downhill since then. I was not issued the visa, and no specific reason was given for this. A pink form 221G was given with instructions to wait and watch! AS if this is some kind of comedy/drama... I have lost my car in the US, forced to sell it at throw away price, will be loosing my apartment this month end and all my personal belongings will be put on an "yard sale" pretty soon. I have been able to hold on to my job, although without pay for all these months, but after 5 months, I am on the verge of being fired.

    I have called both the Chennai US consulate and the Department of State office in Washington DC many times. Neither of them have an inkling of when this process is going to end. They decline to give me any information about my visa processing status other than that it is "pending" and they NEVER tell me how long it is going to take.
    I just wish and pray that they had the least consideration for a perfectly legitimate, legal, hardworking, *tax-paying* non-immigrant worker in USA whose 3 years of hard work at an American Grad-School and 2 years of burgeoning career is at stake due to no perceivable fault on his side. The complete hostility being displayed is simply beyond my comprehension. I just want to know if there is a name-check or security clearance or lack of more documental evidence due to which I am being put through this completely unwarranted state of limbo. I just cannot go on waiting forever for something.


    I think, getting my visa re-stamped has become the most inhuman experience. I received my visa renewal I-797 in January 2008 and since I was visiting India in Feb 2008, I decided to get the remaining period (2 years) of my H1B visa stamped. I was not expecting any trouble since I had received my 2nd visa stamp just last year in March 2007. I thought it was impossible for the visa officer's to not have my information since I have been through the drill two times before. Unfortunately, on the Feb 11th, when I went to get my passport stamped, the Visa Officer started giving out blue handouts (this one is not even listed on the New Delhi embassy website) one after the other and sure enough to me too. She wanted to know what I did (Quality Engineer in a biotech company) and even while I was explaining she started chit chatting and laughing with her superior (I assume). Then she wanted to know about my experience of over 4 years in just three words. I was completely shocked. How could I sum up my experience in 3 words. I gave her my answer but was bluntly told to take the blue handout and send the questionnaire and resume as listed to a given email ID. I did that the next day, having no idea what I was getting into. It has been over 2 and a half months now and till date I have no idea what exactly is my fault and what is happening with my visa. The visa officer kept my and my wife's passports and I-797 form and around march 11th asked for my i-129 and other documents which I promptly gave at the embassy. Every time i have called the embassy or the DOS, I get the same response that the application is pending security check and no more details can be given. They refuse to understand that I have a life and home there and i have to pay my bills. I have lived in US for 8 years now and have also completed my master's there. Every month I have to call the utility companies, insurance company, post office and phone company to know what my bills are and have to pay them. Every two months I have to spend close to Rs 1800 to fedex checks to my friends so that they can pay my rent. I have had to cancel my flight tickets and suffered losses there. I have not even filed my tax returns for the year. My life is thrown completely out of gear and i have no idea how i will pay my rent and bills if my company decides to put me on unpaid leave or just terminates my employment. The consulates refuse to issue even a visitor visa so that we can go to US and dispose off our properties. How inhuman and arrogant can the get? How could we possibly become criminals overnight? How can they expect our employer's to retain us after such long delays (so guys have been stuck for 8 or more months)? Aren't they forcing unemployment unjustly on us without any reason if they cannot find anything wrong with our background later? What national security secrets act is preventing the phone visa specialists from disclosing exactly where we are in the process and what is stopping the progress? There are so many questions that need answers and all of us feel helpless as we continue to witness DOS destroy our credibility, careers, our credit history...almost everything that we have worked so hard to earn. How can they expect to build bridges with the world when they are hurting unjustly so many people (29 pages worth of numbers at delhi website and some 59 pages worth of numbers at the chennai website and God knows how many on other consulates worldwide. I have heard people spending some $5000 every month in Canada. This is horrible and some community organizations and law firms must talk to the DOS/Whitehouse about this issue. National Security is must but there must be better way than playing with the future of so many innocent people (99% most likely of which will have acceptable backgrounds).





    pooja_34
    12-20 01:01 PM
    Good to hear that NY consulate is responsive. Houston and SF never answer the phone !!!

    I am very happy with the customer services of New York Indian Consulate. All our passport renewals (4 during last 3 years) happened in a timely fashion and that too thru post without any personal visit. Whenever I e-mailed them with a question, I received answers promptly. I called them to know about status and received precise replies.



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