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  • For the people who are still waiting for their receipt notice after more than a month, are there any cases where people actually received the receipt notice after a month?

    I'm in the same boat. I paper filed my application (thro attorney). They sent my papers by Fedex to Lewisville TX and I saw that it was recived on May 11 (signed for by "J. Walker")

    I still haven't got my receipt notice and my cheques haven't been cashed. I called UCSIS today (30 days) and they told me they will send a mail to somebody and I should wait another 30 days for a reply

    I'm wondering whether to give up on that application and e-file.


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  • Can we see a list of all the positive outcomes of the various advocacy events, lobbying etc done by IV for the EB immigrant community please?
    And, if any of those good outcomes are being implemented by USCIS to ease the EB backlogs?

    I am sure there are other achievements since this was compiled but here is list till 2009
    This list is also available in the "about us" section under the "Home" menu button

    Immigration Voice Achievements

    September 2009. Streamlining of Security Screening Process for Foreign Scientists: DHS reduced the wait times for Visa stamping in foreign consulates to 2 weeks. A successful campaign was run by IV members.
    September, 2009. Successful completion of FOIA campaign: After filing hundreds of FOIA requests USCIS released the data of pending applications on their website.
    2008: Admin Fix campaign. 2 Year EAD announced by USCIS for all that have filed AOS.
    2008. Successful introduction of 3 bills in the House by Rep Zoe. Lofgren. This included elimination of per country limits Bill on which no other organization or business interest had ever advocated until that time. Immigration Voice successfully advocated these bills, brought in co-sponsors and received support from other interests for these bills.

    Title: To recapture employment-based immigrant visas lost to bureaucratic delays and to prevent losses of family- and employment-based immigrant visas in the future.
    Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 4/23/2008) Cosponsors (31)

    Title: To amend the Immigration and Nationality Act to eliminate the per country level for employment-based immigrants and to end the spill-over of unused immigrant visa numbers between employment-based and family-sponsored categories.
    Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 4/29/2008) Cosponsors (24)

    Title: To amend the Immigration and Nationality Act to authorize certain aliens who have earned a master's or higher degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence.
    Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 5/13/2008) Cosponsors (34)
    September 18, 2007
    DC Rally: Thousands of high-skilled immigrants march in the US Capital!
    Lobby day: IV volunteers attend close to 125 meetings with lawmakers� offices to lobby for congressional intervention
    Paid Advertisement in the Roll Call- the newspaper that covers the Capitol Hill
    Media coverage: New York Times, Washington Post, Yahoo, BBC, OC Register, Business Week
    July 2007 Visa bulletin reversal
    IV breaks the good news!
    Flower campaign
    i. USCIS takes note of the flower campaign

    ii. Media coverage: Business Week, Reuters, Washington Post, New York Times, NPR, Others, Video coverage

    San Jose Rally
    i. Media coverage: Business Week

    CIR 2006: Manager's amendment
    IV lobbies to ensure that this amendment contains favorable provisions for high-skilled immigrants
    The amendment was PASSED, although the bill itself did not survive
    Access to lawmakers
    IV is in close contact with Hon. Rep. Zoe Lofgren�s office on several issues related to Employment Based Immigration
    IV closely worked with Hon. Rep. Zoe Lofgren who played an instrumental role in bringing about reversal of July Visa Bulletin
    Contact with USCIS. IV was the first one to bring news of the July 2007 Visa Bulletin reversal
    IV Spokesperson invited to conference at top US University
    Only organization FOR high-skilled immigrants BY high skilled immigrants
    Most visited site by high-skilled immigrants in the
    Number of registered members has risen from 50 to 25000 in less than 2 years! The following are approximate figures:
    i. 1/2006: 60

    ii. 2/2006: 600

    iii. 7/2006: 4500

    iv. 1/2007: 7500

    v. 7/2007: 15000

    vi. 8/2007: 20000

    vii. 11/2007: 25000

    viii. 07/2008: 30000

    IX. 09/2009: 36,810

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  • I am in a similar situation too. Getting married in August. Planning to file my I-485 in July and get my spouse here on H4 visa in the first week of September. It seems (from some comments in this forum as well as elsewhere) that the dates may not retrogress for August, but there is a very real chance they will retrogress for September.

    You can "add" your spouse to the I-485 (note that technically it's not "adding", but filing an entirely new I-485 for your spouse) anytime before your GC gets approved (and after you get your I-485 filing receipt), provided the priority date is still current at the time of filing. But with the possibility of a big retrogression looming, this could be a long wait for some people.

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  • 500,000 Legal immigrants in limbo:
    lets say (I mean lets Tell them) 1/5 th of that # buy on an average $300K houses.
    That equates to $30 billion.. Not a bad #. But I am sure all want to buy houses eventually. Thats $150 billion. Not a small #.

    Lets say (again tell them).
    1/100 th of 500,000 start companies, of 5 employees each=25,000 jobs.. Not bad again.
    This idea is inline with our IV campaign that was discussed sometime back. We can tell in different forms to the media. Somebody may publish.

    This is an interesting thought at first. However, I don't think it will hold water, especially in this environment. On the first item, assuming 1/5 will buy houses is a very optimistic number particularly given that many of those who can buy have already likely purchased a house. There is no legal hindrance in buying a house on a non-immigrant visa, hence it's a weak argument. Furthermore, it's a small number compared to the housing inventory.

    Unfortunately, this is not a good time to push for immigration reform. The main counter-argument you will get right now is the need to preserve American jobs.

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  • See pg CRS-5 of document

    Two important exceptions to the per-country ceilings have been enacted in the
    past decade. Foremost is an exception for certain family-sponsored immigrants.
    More specifically, the INA states that 75% of the visas allocated to spouses and
    children of LPRs (2ndA family preference) are not subject to the per-country ceiling.18
    Prior to FY2001, employment-based preference immigrants were also held to percountry
    ceilings. The American Competitiveness in the Twenty-First Century Act
    of 2000 (P.L. 106-313) enabled the per-country ceilings for employment-based
    immigrants to be surpassed for individual countries that are oversubscribed as long
    as visas are available within the worldwide limit for employment-based preferences.
    The impact of these revisions to the per-country ceilings is discussed later in this

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  • I was not bragging. I was just thinking out aloud, so to speak. Economic ups and downs like this this are a normal part of economic cycles in a capitalist economy. My observation is that IT industry is not as badly affected as other sectors. I have not seen people sitting without jobs for extended periods. I mean, some people do loose jobs but they get something else within a couple of weeks. That is pretty much normal functioning of markets.
    Just quick question
    Are you on the Moon or Mars ??

    My team (reporting directly ) reduced from 14 to 8 , so are others within IT
    Company termintaed the contract with Offshore prod support team of 20
    Over all IT will be reduced by another 10% within 3 months

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  • Check this article at:

    At the bottom they made the following completely ignorant statement:

    "The State Department said the employment visa numbers are no longer available because resources are being used to reduce the backlog of passport applications."

    So much for media taking this seriously...

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  • Hi Prinive,

    I too am in the same club, having a priority date of Sept 2001. I am still awaiting my I-140 approval, filed in March 2007.

    Hoping things would be sorted out sooner rather than later....I am in EB-3....How about U??

    I have been on H1B for 3000 days so far and I am still waiting for GC, (filed for 140/485 in November) and I thought I have been waiting for too long, but it looks like one of these people might actually qualify for Guinness Book.

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  • I'm pretty upset too after getting the same nasty surprise. Fortunately I only have about 100 miles to move to return home. I'm surprised that a major corporation like the one that hired me would be so sleazy.

    They say that they will start green card process.
    They cant and they dont promise how long it will take.
    So its your job to do the homework. Even now i come across
    people accepting job offers with lesser pay because they promised
    green card processing (and have no clue about the backlog). I tried to explain him and he didnt seem to take it seriously. I guess he will (and thats
    the way most do) learn it the hard way

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  • United Nations is right. Let�s say that there�s an employee with an approved I-140 + pending I-485 who switches his job using AC21 after 180 days. Now there are 2 possibilities here

    1) Employer revokes I-140 (AC21 applicable here)
    2) USCIS revokes I-140 (AC21 not applicable here)

    Employer revokes I-140: In this case unless the employee had filed AC21 papers, I-485 is most likely to be denied as USCIS doesn�t have any record that the beneficiary still has similar or same job offer. Hence its advisable to file AC21 well in advance in such situations.

    USCIS revokes I-140: At times USCIS might revoke a previously approved I-140 if the employer fails the �Ability to pay� test for all pending GC applications. This is more dangerous as the bonafide nature of the previous I-140 approval is in question now. Refer one of my old threads below on this topic.

    Such a situation can be avoided if the employer himself withdraws the I-140�s of ex-employees so that he�s no longer burdened to prove ATP for all pending GC applications.

    correct and right on mark.

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  • that sure is not a very postive quote.....

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  • Hi gurus-
    Please let me know Can we use EAD with out I140 Approval.


    Yes, you can. If it is with the same employer, you are OK., else there can be problems such as below.

    if 180 days have passed since your 485 RD and and if you plan to use it with a different employer then any RFE raised for your 140 will not be answered by your old employer and your 140 will be denied.

    if 180 days have not passed, your employer will revoke the 140 and you are in the limbo.

    The best course is to wait 180 days from 485 RD and have an approved 140 before venturing out.

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  • If your kids have SSN then you will probably get around 1200, from my guess. I am sure you will not get for your spouse, for lack of SSN.

    Every one needs to have SSN to get the stimulas. Otherwise its going to Gandhi's Account.

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  • Thank you Tom and Zcool.
    I did try asking my manager and the vendor if they could mention that the project could go on for another 3 years but was not successful.
    The letter that I got from my manager did mention that I have been working for them (client) since jun, 2005 under a contract extendable in 6 month increments and they see a need for me for the forseeable future.
    I believe my company has some direct clients... I will ask my employer to attach those contracts as well.
    Again, Thank you very much for your replies.

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  • Guys,
    Finally my problem and my questions are solved.
    I drove up to the Canadian Border near Niagara Falls (Buffalo), they Canaidan Border Officials took my I-94. I took a drive in canada for 10 minutes. I even stopped at spot to view the Niagara Falls from Canadian side and drove back into US. I was issued a new I-94 with out any additional interogation.
    What surprised me was my Canadian Visa expired on 09/01/2007 and i was still allowed to enter into Canada.
    Anyways Thank you guys for all your responses.
    I am kind of relieved related to my issue related to I-94.

    Good it all worked out for you. I am sure they stamped your passport on the way back into USA. Just keep track of your intrnational travel at some point it might be required, you might loose track of them if you don't have exit or entry stamps on your passport.

    Good luck,

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  • You are correct but I think I am not sure if one can change employer (H1B Transfer) during that 3 Year extended H1B period after 485 denial.

    That seems to make sense, because there is no such a thing like a H1-B transfer as every application is a new one, so you can't really file a new H1-B with no grounds when 485 is denied and you have already used up 6 years. But my friends, but but but, you can always file a Labor with employer B and when its pending more than 1 year, apply for H-1B extension/transfer. Woo hoo...

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  • Please mail me at IL AT immigrationvoice DOT org

    Need your name, email address, phone, PD, EB2/EB3,Country.

    I will call and verify.

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  • I want competition!!!!
    It's what gives us more for less quicker.

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  • And Yeah i do have a new Passport now

    Doesn't your H1 renewal come with a valid I-94? Please check that. If not, Why don't you go to the local office in person, I am sure they will adjust it. Try going to the border it does not hurt, I thgink the rule is 30 days as mentioned in your other thread.

    all that stuff comes in at I-140 stage. During PERM/LC they dont care about his qualifications, its the job that is being certified.

    See the audit questions again, all relate to justifications that the requirements are really needed for the job advertised. ie. when the job ad said MS+2 Years is needed, DOL wants to know why this job requires MS+2 Years of experience. His lawyer is right, a more conservative approach to job requirements (MS+0 or BS+5 for EB2 is much more easier to defend). As you increase the minimum job requirements, it reduces the pool of available candidates who can apply for the job. DOL wants to make sure the minimum requirements are really valid, and not set artificially high simply to reduce the pool of candidates.

    Basically your LC sponsor needs to be able to justify all requirements posted for the job (education, experience, specific skills) else you can be in trouble.

    Yes audit questions seem to be hinting screw up from employer side but then also it can not be judged exactly on the same line without going into detail of provided job classification, job requirement and furnished docs from employee.Now all of the areas you mentioned are crucial from employer side and in addition to that "employee's degree" evaluation is also done at labor stage,(PERM or OLD LC). Please see following link.

    Now logically screw up can occur at one of the two or both segments. "Employee side related docs and process" and "Employer side docs and process". I was kind of trying to know whether poster might not have screwed up anything from his side. You covered the areas "from employer side" - whether it may be business necessity and/or recruitment results. Now if employee's docs have conflict with any of "business necessity" for an example evaluation cert depicts MS (Electrical Engineering) and "business necessity" is to hire "MS (Computer science) then also it could create the problem. In such case employer/lawyer if can establish that MS (Electrical) can also that job then matter is finished..

    2000-2002 was worst. Who didnt do job search during that time have no idea how it felt like.

    I just came out of school then and it felt like sky is falling on me. Becoming desparate to survive, i went to work in a gas station. The lady owner didnt pay me after i worked for a week saying i am not concentrating enough. Then out of no where i found a technology job that paid 17$ per hour to keep me going and they did my H1 a year later in 2002. It just made me more strong i guess. But, it is a hell of an experience. Most of my freinds went for second masters or PHD to Keep the status.

    I've got to agree with you. I was just getting out of college that time as well. I had a job at Best Buy, and trying to find my first break, and all my senoirs were getting laid off. I finally got an internship at a startup company for $2000 a month, and ever since then the market has been doing good. I really hope it will never come to the way it was back then. But as of now things are doing quite well, there is stilll a lot of hiring going on.

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