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  • I left a message for my previous employer. I am not sure whether they will provide this information to me.
    That is the reason I was asking you to try to find from your ex-employer if you could get any news.General procedure from what I have read is to issue a NOID but they have given you a RFE which keeps you alive for now.Maybe your ex-emplyer cancelled your 140 after 180 days but again all this is a shot in the dark and only your ex-employer has the answer for this.





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  • I sent the fax today afternoon.





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  • It sounds NSC is approving lot of EB2 cases these past few months..good for EB2 folks with PD current..:)


    ----------------------
    PD EB3-I Oct ,2001 (TSC)





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  • Hi bodhi_tree and amitpan007,

    Were there any LUD's on your application before the approval?

    Thanks.





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  • I will be coming with my other friend. We are commuting from Tracy / Stockton area. Anybody bringing the banners / hand signs to support STRIVE ACT?

    Maybe no banners or signs because this is a town-hall style meeting and not a rally. I'll let you know if its ok to do that.

    But surely, it would be good if you bring a sign/banner saying "www.immigrationvoice.org" which would help us get more coverage is its caught by the media.





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  • wrong there, once counted against cap she is exempt for 6 years. she can use this approval if working for same employe get it stamped and enter on H1 any time. Or apply for COS with any other employer sponsoring H1.

    To answer the original questions only two options.

    1) depart and reeneter using L1
    2) apply for COS (but a long process)


    thats true..she has to apply for cos again....i thought u need to have new cap to apply transfer of status from l1 to h1..





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  • For those of you thinking that EB3I will move forward once EB2 becomes current in the next year or so, please think again.
    There are many EB2 I & C waiting to file their AOS applications. Anyone that missed the 2007 and 2008 windows, are eagerly waiting to file. It is estimated that there are a few thousand primary applicants in EB2 alone, each year from 2007 to 2010.
    As a result, it is very unlikely that EB3 I will advance apart from its annual allocation of approximately 2800 visas. At the current rate, it will be three years before EB3 I 2002 is cleared, and many more years for the other years. In the meantime, there will be more applicants in EB2 category, thereby preventing your applications from being approved.
    The options that lie before you are the passage of CIR, removal of country limits (which again is invariably tied to CIR), porting to EB2. The only option that is within your control is porting.
    I would highly suggest that you use that option rather than rely on a change in law - a law that we have seen being dangled before us like a carrot for the past four years.
    If you have been given a promotion or even offered one, take that. Contrary to what someone says about not being able to use experience in your current company, that is wrong to a certain extent. Experience in your current company in your current position cannot be used. But, experience in a different position in the same company can be used as experience to your EB2 status.
    Take your promotion, and have the employer file a new labor petition. During the I-140 stage, port your EB3 priority date to your EB2 petition, and pretty much your 485 will be approved along with your 140, if not a few weeks after that (provided your PD is current).

    Good luck in your porting. If you decide to wait until EB3I becomes current without porting, you are going to wait for a long time. I would suggest that anyone with a PD of Jan 2003+ to start your porting process. For the others, I'd suggest you wait it out as in the time it takes to do the porting, your 485 in EB3 will be approved.





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  • 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,

    Same boat, my PD is 3-Mar-2006. Are there any chances that the Sep visa bulletin would atleast move by a month ?

    Gurus post your thoughts...





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  • [From here (http://www.ieeeusa.org/policy/issues/).

    Enacting legislation to facilitate the admission of foreign professionals with advanced degrees in science, technology, engineering and managerial fields as legal permanent residents.
    [/LIST]
    great to hear that!

    also johnifax98: if middlepersons are exploiting the system, it will help to eliminate their role. i agree that is also abuse.





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  • No one is accusing IV

    All we are looking for is some questions, and asking IV to hold something more tangible which attract more members for a cause. A lot of people are loosing faith, to be honest, I lost mine in IV, as I did my contributions pertaining to letters, faxes and other stuff.

    However I have not don't any monetary contribution, and the reason is, I want to see some more transparency. I was not a July filer and I have urged IV and Pappu several times to hold something, a rally or some time type of event that attracts attention. But somehow IV does not initiate any attempts.

    I want to ask you this, taking the current situations in to consideration, new rules against H1b, more rigidness towards immigrants, why has this organization not initiated something after summer of 2007.

    I am sorry, I am not going to buy the notion, we met USCIS and informed them Jack & Jill, in that case where are the results, efficiency is measured by results and not by attempts.

    Come back to IV in 2 weeks, and see it for yourself, if this organization attempts to do something or just ignore the posts.


    Being a non profit organization, as IV, it runs on people and their involvement. How can organization sustain growth or even stability at this point in time, when no attempts are made to attract new members.


    There will be some who will disagree with me, critique me and call me names. But I believe I expressed myself clearly and have not questioned any one's integrity, however I have questioned the efficiency of applied attempts in the past by IV. There are a lot like me, who wants to do something for the cause, bu we need the organization to act like one, and bring in more more transparency to its attempts.


    Just in the beginning of the day, I had 5 greens and now reds, I assure you colors don't make a difference, however if their is any sanity to what I said, please think and act rationally.


    Thank you

    Your frustration is pointed at wrong place. Ideally you should show this kind of frustration on a elected official who promises you something and does not deliver. But in this case IV core is not a eleceted representative for you, all they are doing is providing a platform to fight for a cause. If you have an agenda you start taking the lead for that and IV core will provide the platform to help that. It does not help just being a by stander.





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  • Hello All,

    This whole story is a mess. USCIS is very much wrong on what they did. We all ended up in spending hundreds of thousands of dollars and on average one week of time to file the application. Few people took off from their work to complete the application on time. Few people paid as much as $700 for medical.
    I have seen tons of blogs on internet and every blogs is talking about the same things.

    Even though there are hundreds thousands of people were suffered. I don't see a single line on any major new web website or TV news channels. I doubt if any senator even knows how USCIS has been torturing (emotionally as well as financially) good, educated, responsible, and legal residents.

    Dont you think its time to wake up and scream so loudly that these deafs can
    hear and feel the pain.

    Dont you think its time to help yourself. Forget about your employers, its not in their benefit to fight for you.

    Dont you thinks its time for US citizens to know what their great US govt ( lovely responsible senators) are doing for legal resident. They are working hard to make illegals (out of them so many are criminals) legal. Giving hard time to legals.

    Dont you think its time to tell every one that what can happen to America if we go mad and do system maintenance by running the command "rm -rf /*"

    MAY BE ITS THE TIME TO COME ON ROADS IN LA, Chicago, NY, and Washington DC.
    Its time to tell them that we can do it and we can do it very hard.
    Its time to stop beating around bush and do something useful.

    Just some thought..

    -JP





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  • I will update here for those who cannot enter chat


    Right now they are discussing
    H.R. 6598
    the "Prevention of Equine Cruelty Act of 2008

    I will update here once HR 5882 starts

    Thanks Chintu! I'll look forward to your updates.





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  • I am not from California, I will still make the call next week.


    If you are from california plz make a call. Or if you know some one have him/her call to her office.

    We need to keep moving ahead on this one.





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  • Delhiguy,
    YES! They did broke law by provisioning visa numbers for applications that had not cleared FBI check. Their book clearly says the visa number needs to be alloted only after the application is 100% ready for adjudication.


    Are we 100% SURE that this happened???

    Is there any clause in the law, which lets them do this ,If FBI doesnt give any information for 6 months/1 Year... I dont know , so i will let the court decide.





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  • Chill guys just kidding no point getting worked up about all this.I know it's causing a lot of angst.The best course of action is to get back to our lives and let the chips fall as they may.





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  • The 1st quarter ends Dec 31. So technically, USCIS has until that to allocate the total of 35,000 visas. Now, let's assume they have only approved 5000 visas across all categories thus far, then that doesn't mean they can go and allocate the remaining 30,000 in December to the retrogressed countries.

    I think the way the spillover works (except for the last month of last quarter) is at the end of the quarter (technically Jan bulletin is published around Dec 15) based on the demand for the last 2 weeks for that quarter, USCIS will spillover visas. So I think we should wait until the Jan bulletin that comes out in December before we push for a lawsuit. If you want to send letters to people, then so be it, but I am pretty sure USCIS is well within its operating procedure wrt spillover. If spillover doesn't happen in the Jan bulletin, then we have ground for a strong case.

    I guess we will be fine if they are not able to complete the spillover within the calandar quarter and issue them the month after (except when it is end of fiscal year). I hope you are right that the spillover happens in January for the 1st quarter.

    But look at previous visa bulletins. Do you see major movements 4 times a year. Its always the end of the year. So we are asking for clarification on following the law which seems to say that spillover need to happen during the remainder of the calander quarter.

    (5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.





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  • But as what i see now the chance of announcing on monday might not happen they will do it most probably on 3rd saying we already reached max no. of visas through this they can find a way of out to clean their hands and good support for if any cases filed. 4th holiday hence no issues and 5 th after its all gone. Lets stay tuned from Monday else have all nice weekend.





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  • Those Asian Americans who are against new Asian immigrants, which include some of my relatives, sadly to tell you, are just helping White Americans in this fight. It is their wish and their passion. But if White Americans don't want it, they will have no chance of getting their voice heard. Not all White Americans are against immigration. But there is a big percentage of White Americans who are either fiercely against it or do not want it. I can hardly find any White American who says they want more immigrants. And a small percentage of White Americans are fiercely against immigrations. They would curse at anyone who they think is a new immigrant at any opportunity they have.

    Well, unfortunately they all vote and their votes are important to all the candidates. Even Senators like Obama, Hillary etc... are playing the same vote bank politics. They seem to be loving immigrants of different ethnicities, but not skilled immigrants waiting for green card - VERY SIMPLE EQUATION - NO VOTING POWER NO SUPPORT - and people like Durbin and Grassley go a step ahead and damage the entire industry and attack tech companies. They do all these just for the sake of votes.

    Our only mistake is that we are in the queue, followed all rules, contribute to economy and we do not vote. They do not see anything else but votes. They are not controlling brain drain, not recognizing skills, tried to break their own rules during the July bulletin fiasco - why so much hatred towards us? Just because we are competitive?





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  • What is the next item we are waiting for, it has to be "wait for the economy to get a little better before the congress will do something".

    This chakraview never ends. Please god (or IV) help us ......

    We have no more excuses now.

    1. Elections are over. So all arguments like "wait till the elections are over" do not apply.

    2. We have a pro immigration president now.

    3. Democrats are incharge of the house and the senate.

    This is a good time to act. What is IV waiting for...

    Ofcourse economy will grab the headlines, but it does not mean nothing else can be done. Do something before democrats start worrying about 2010 elections. Time to highlight that immigrants can help by buying houses (NPR had devoted some time to it recently, so they are aware, we just need to give it more publicity)





    In order to use left-over visa numbers from EB1 and EB2-ROW, the PD cut-off for China and India must be locked. That's one of the reason why India's cut-off date has also moved.





    Interesting (and scary) article about NumbersUSA and related organizations. Although the article is from 2002, and the numbers will have of course have changed, the article claims that the whole anti immigration movement revolves around a group of about 20 very rich people and a few thousand sympathisers, and that member numbers for these organizations are inflated by dividing the total contributions by the annual membership fee and not taking into account large contributions.

    http://www.splcenter.org/intel/intelreport/article.jsp?pid=180



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