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  • any one got approval after submitting recent RFE?





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  • If that is the case, I am not sure why China didn't even move a single day. From the example, China should have gotten half of the unused visas. :confused:

    When there are no country limits like in a situation quoted above, its completely based on PD's. India had
    EB-2 Unavailable and EB-2 China was already Dec 03. Even going forward One country might leap ahead of other depending on PD's. There is no further favoring among retrgoressed countries. Thats how I understood it.





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  • NICE JOKE..

    It will probably cause inflation. Eventually they hope that house prices will catch up with the inflation. But a small problem though. The salary is not going to rise to match the housing price. The great benefits of global economy.:)





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  • Yes, for e-file you need to send the supporting docs by mail. In my case, I sent the copy of I-485 ASC biometrics notice which has mention of the receipt # and A # as proof of my AOS pending, copy of I-94, copy of the e-filing confirmation (Printout). You do not need to send photo as that will be taken during fingerprinting. The separate fingerprint is needed for e-file only. They take print of 1 finger. If you send your EAD papers with I-485, the 485 fingerprnt covers all I think. I do not think we need to go for fingerprint again for EAD renewal, though with USCIS that may be possible. ;)





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  • You have to think twice before you travel out of the country. You cannot travel out of the country freely because you are stuck at some or the other stage of the green card process.





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  • 1. Pay H1 costs (including petition and attorney fees)
    2. Pay payroll taxes for my wife from Oct 1, 2007 if she manages to get an H1 but is not able to begin working on a project.
    3. Refund of H1 costs after completing 6 months on project.

    1. Asking employees to pay for H1 costs is not legal. It would be in violations of CFR.

    2. That is also illegal. Employer cannot ask employee to pay for payroll taxes that the employer owes IRS, and too, when you are not even working. It would be an attempt to cover-up the violation of immigration law: Not paying on bench. The only alternative to all that is cancelling her H1 if she cannot find project and if they cannot pay her, but that again would cost money. Damn its too expensive to operate a business legally obeying every friggin law.

    3. If you are paying for H1 (which is really not legal) what would you refund them?

    So whether you want to tell them "Go to hell" depends on how much you want the job and how much bending/breaking of law can you do.





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  • 85,000 PERM cases certified in 2007. 2007 is a typical heavy filing year still...
    One year 140,000 EB based visas available. If some how some of the back logs are eliminated, the future looks good as 140K for a year and less than 100K labor certifications per year. If the USCIS process with maximum visa/year, it is possible.

    http://www.usavisanow.com/perm07.pdf

    see a chart
    http://spreadsheets.google.com/pub?key=pezNTiCXNupwoSrZGE4kqcg&gid=1

    You can not just equate the number of certified labors to the Visa numbers as the former one does not include dependents in it.





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  • Certainty is releated to belief not reality. It still means the name check was not completed. The law does not say they "when you are certain that the FBI name check can be cleared..please allot a visa."

    Nowhere in that statement he says anything about the name check. It might be just the expired biometrics. And coming from some anonymous immigration officials how can you be sure that the information is absolutely credible or represents the facts and not their speculations? Were those applications really approved or they've just requested the visa numbers for them?





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  • I guess too many of us trying - the site is timing out on me





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  • This is the exact reason why USCIS has a country quota system ensuring ROW folks do not have to compete with OVERSUBSCRIBED countries.

    What WILL NOT happen? - Removal of per country quota for EB Visas!!

    Why are you in favour of per country quotas, having been born in an oversubscribed country? Are you a glutton for punishment? Do you enjoy waiting 6 years more than an equally qualified counterpart from another country who moves onto bigger and better jobs while you rot in the same position and pay grade for years?

    Per country rationing is discriminatory for EB migration. The best jobs should go to the best people, regardless of national origin, race, or religion - this basic principle is enshrined in employment law, but when it comes to EB migration, it is disregarded! It is not about "giving everyone an equal chance" - this is not a charity, this is a business, and in business, only the best and the brightest get those jobs.





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  • Business needs define rules in this country. Western Union was sending money to mexico. Then American Banks started chipping into that business, accepting different documents as valid for money transfer. You get the drift.

    As for Citi bank not opening e-accounts for existing account holders, it is a bit surprising. Once they vetted you in the process, they are repeating it just to verify your identity? My bank lets me open different accounts online as I am known to them for a long long time.





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  • --
    I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.

    Have you read the USCIS question? If not, read few times to understand how your interpretation is wrong.

    Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
    Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.

    The bottom line is if his approved 140 is not revoked with in 180 days of filing the 485, his 485 is still valid even if ported the job with in a month after filing 485.

    The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
    If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
    If as you say the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
    The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
    I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
    Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.





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  • very well said, some people here say (or is it hope) that getting an amendment introduced and passed is as simple as buying a ticket to a movie. After all the shock treatment given to us by durbin, kyl, kennedy some people just want more shock treatment

    So what do you suggest exactly? Kill CIR and come up with Skill or some new bill. If in your opinion getting an ammendment itself in CIR is difficult then you can image the state of getting altogether a new bill solely for the GC, as if the senate or House cares.
    In my opinion, our only hope is getting attached to a big bill, CIR or whatever. Rowing alone..we can never cross this sea of retrogression. You know the kind of funding that we have. When it comes to funding very few comes forward.





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  • My friend I have seen many things in my 45 years life. But never have I seen as much bullshit in one post. If you are so smart that your invention could lose $3 billion in a quarter, why are you unemployed for last 1 yr? If you don’t have a job it has got to be someone else’s fault, right? This is not a new trend. While you are ok to work in a company started by an immigrant or in a technology created by an immigrant, you find it morally wrong for immigrants to compete with you, right? As if immigrants should be denied to right to compete with “real Americans”. And this “real American” thing is so full of it. You are real American because your forefathers came here in 1700? But weren’t your forefathers ILLEGALLS when they came here uninvited? In a fair competition environment you are not going to get any edge over others just because someone has lived here for 5 generations.

    None of us came here uninvited. For last 16 years I am here LEGALLY at the invitation of my employer - an American enterprise which makes and keeps America great. Your “real American” thing is so bullshit because everyone loves to claim that they are only “real Americans” and rest everyone is fake. I find your portrayal reprehensible that only you are on the side of “America” and you competition is “evil and against all Americans”. This is not only stupid, but plain dumb.

    Simple fact is this, you cannot compete with your competition and for that reason you have to throw out this bull crap about “real American”, “illegal”, “Chinaman”, “Hitler” etc., did I miss something? Hear me out because this competition is not going to go away with Sander’s amendment or any other human law. Even if I leave, I will take my job with me and I will continue to compete with you. I will beat you again and again at any fair competition, even from the other side of the globe. The reason is, you are not willing to improve, learn and compete. But you can continue to complaint and cry foul. Sander’s amendment will not do iota to get you a job because you have been conditioned to live on unemployment compensation. Best of luck to the self style “real American” because with your attitude you sure need a whole lot of it.
    Well said, BUT No need to reply to ppl like these, they enjoy personal pleasure in these posts as they cant stop off-shoring and feel that their lawmakers are doing best to them, but they dont realize that this encourages off-shoring or displacement of workforce.





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  • This bill would affect all of us if they apply these same rules when we try to exend or transfer out existing H1s. Does it(the bill) say anything about that?

    sometimes they say don't wish, your wish might come true, we are fighting for retrogression thinking that it is the worst possible thing of our lifetime,
    guess what if they pass a bill to reduce retrogression along with other provisions,
    like the one's mentioned by Durbin's bill and then many would become ineligible for GC at the first place.
    Once thing is sure, if the GC or H1B numbers are increased, it will come with some good enforcement measures and some other provisions which would tighten this whole process.
    there won't be any free riders any more , many in america are becomming aware of this day by day.

    thanks





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  • Logically CP numbers should be included in USCIS report.
    All FB-485 are CP numbers so I am assuming that they do have numbers for CP for EB-485.




    Also, don't you think that 20000 CP numbers would be included in the monthly numbers or are the monthly numbers just AOS numbers?





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  • Some ROW folks here suddenly are saying that they like country cap quotas and there are against IV agenda.Why in the first place there should be a country cap on EB immigration ? Is it not the best and brightest in the world ? If there is FIFO implemented, how can a person in ROW will be effected by India and China as long as they meet the standards and file their petition on time.

    Well said. Now if one starts to take the true diversity into account, how many chinese and indians as percentage of current US population ? ANd how many from some prominent countries of Europe ? Just curious.





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  • They should have continued down to EB3 w/ those dates..!





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  • I've not noticed any fighting here. Maybe I've been too busy on IV stuff. There are Indians that I count among my closest friends.
    I've pushed for removal of country quotas like many else, even though it would risk pushing me further back in the line. I've pushed for recapture too.

    However if IV was only about removal of country quotas and not other issues, then it is fair to say that I wouldn't be here.





    I sent a letter earlier this year to one of my Senators here in CA regarding my 2001 LC and the result i got was that the senators secretary checked my case with USICS and sent a letter stating that my green card was approved 2003.
    For somebody who is still waiting for LC recruitment instructions this was a total waste of time and money ( donated $5000. to Senator).
    Next week my attorney and i and his other LC DBEC clients are going to try and make an appointment with DOL and see if they will comply.
    Number 1 point we shall pursue is to make a $5000.00 premium processing for all DBEC pending LC and have guranteed adjudication in 120 days for all LC with current PD.
    This way all clients with current PD will obvouisly pay $5000.00 and DBEC can use the extra funds for remaining cases.





    My friend was on situation. He consulted lawyer. If already change of status is applied from October 1 you will be in H1. But if you go out of country and come back before October 1st with L1 visa, you are COS will not be valid. Youcan continue in L1. But only problem is you can not switch to H1 later without stamping.


    Can you please explain the above ....

    I am on L1 and wife on L2 with EAD , Now I applied for H1 for both of us with a New company. I would like continue with the L1 from the old company, in case only I get the H1 !!.

    None of the explaination says this explicitly , does any one know something more in detail ..

    Thanks for all the help
    -j



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