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  • I agree with you map_boiler. I have also seen from some other thread that some one with EB3/India/Apr 2004 PD got approval in July. If the July bulletin is void , How can they approve that ?

    You are right , It looks like they approved cased with NO PD but with ready FBI check and also requested numbers for the current PD but sec check pending.

    If a APR2004/EB3/India can get approval after Jul 2 , How can they reject EB3/INDIA/DEC2003 but filed on Jul2 ?

    Returning numbers raise whole lot of questions. It remains to be seen how they try to untangle this mess.

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  • Jun RN ur incorrect....this is the exact quote from the liasion Q/A

    "On top of already high receipts, we saw a dramatic additional increase in July. There were two principal reasons for this added surge. One was the Department of State July visa bulletin, which created an opportunity for hundreds of thousands to apply for permanent residence. While we continue to receipt the work we recently received, we project that we received over 320,000 adjustment applications due to the July visa bulletin. We also received a significant volume of concurrently filed petitions to sponsor the adjustment applicant as an immigrant worker, and over 400,000 applications for ancillary benefits such as employment authorization and travel authorization based on the filing of the adjustment application, for a total of almost 800,000 applications."

    once again its 320,000 applications for our calculation purposes.

    and 320,000 total I485 apps....they cannot figure our how many unique apps are there on such short notice

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  • are you guys still waiting for this

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  • I expect to retrogress in Nov or Dec 2008. Logic, I have put forward in

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  • fax sent

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  • Haha. That is an accurate assessment at a 50-foot level. I was pretty disillusioned after a couple of years of working. A mixture of what the fuck am I doing, but not really knowing what to do, and all confused because I was at probably the biggest firm around and and a feeling of even if I switch, what's the point? And not having the balls to switch jobs, for the fear of throwing away what I had, mixed with personal struggles with life and not having the social life that I wanted.

    In between all this, the desire to get the GC process kicked off came and went, esp. since I wanted to switch positions to a more people oriented role, and the feeling of gosh, do I want to stay in 6+ years in this job - maybe if I file, then I won't want to change jobs.

    As you can see, even I am not sure what was going on there. But my personal life and acclimatizing has sorted itself out rather well of late, and I do want to stay here now that I have a really interesting life (and partly out of fear of throwing everything away and moving somewhere new).

    Now, I know that IV is not a self-help trauma group, so I will cut short my story here, which has little to do with the raw facts of my immigration situation :)

    And yes, I did not participate or know much about the visa process, or IV till recently, and am a recent need based participant, but I hope that does not stop anyone from contributing their ideas to help me out.

    *** Also, to the previous poster (nojoke) who said that big companies usually hold off on perms, are you suggesting that I have a better chance at a smaller company then?

    UPDATE: My company attorney suggested talking about this in April, and I am nervous about waiting till then in limbo - things are only going bad to worse, I might as well find a job at a place which will sponsor a PERM sooner rather than later.

    I request you to PM me if you have any leads for such companies might still be a good bet for filing a PERM.

    uhh..damn immigration process..

    Yes, you may be better of in a smaller private owned companies that will do perm and are in a strong position. This downturn will get worse...Even if you want to wait and see what your attorney has to say in April, you can try to look for other jobs and be ready with options..

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  • What will be my status after i file my I485?

    My current I-94 will expire on 16th Sep 2007 (on the day my current visa stamp in my passport expires and my current H1 B is set to expire Mid April 2008).

    I am planning to make a trip to Cannda or someplace to get a new I-94 as soon as i get my new passport (i had sent it for renewal on june 2nd). But i am a little worried about my status if i am unable to make the trip.

    So my question is what will be my status after 16th sep 2007 (once i file for I485 (first week of July2007) and my I-94 expires on 16th Sep 2007)?

    Appreciate any responses ...

    Your status has nothing to do with that. If you say that your H1B is good till April 2008, then you are in status till then

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  • My personal situation: I was on F1 visa for 6 years before I started LC process with a company for a totally unrelated to my field of studies position (EB3). We had PERM approved and filed I-140, with me still on F1. I-140 was approved and now we are stuck in retrogression. Meanwhile, and after I-140 was approved, I graduated and applied for H1B based on my major. I have disclosed on H1B application that I have I-140 approved from another company and attached a copy. Not a question asked. H1B was approved within 9 days (cap exempt). And there's more. Because I violated my F1 status years ago by accepting unauthorized employment (tracable through taxes), my lawer told me to leave the country and re-enter, to cut the tail clean and be eligable for adjustment of status when the quotas open up. I went to Canada, and applied for H1B visa stamp, disclosing on the applicqation that I have I-140 approved and have violated my visa terms previously ("yes" to question 38, in "kiss of death" section of the application). Very stressful time that was. But in the end - no problem, got the stamp and was back in two days.

    Anyway, sorry for the long post. I hope this helps.

    Thank you very much for this reply. This is exactly the situation I am facing now. I am feeling a little better. Thanks a lot again.

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  • Hi everybody,

    I fail to understand how L1's are getting Green cards in 6-8 months. I have done my masters here and am waiting forever for my GC and here I met someone who has come here as a BPO devlpt manager for an Indian company and in 1 year after coming to the US gets his GC after 6 months of application. He is just a BCOM from India. On top of it he told me many of his friends in the same company and other Indian companies have got GC's in less than 6 months. I dont get it. On top of it his wife can work here on L2. How can they file under EB1 - isnt that meant for doctors and Phds? He is not even intelligent which is the saddest part. Here we are with education and exp and contributed much more to the govt here than they have and we wait for bulletins every month hoping it would move at least 15 days, getting our h1's extended everytime and dreading to go to India because of visa stamping each year. This is such a sad situation. Should not the DOL do something about this.


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  • What if you have to leave the job before 180 days, about after 150 days? When I say you have to that means there is no alternative. Employer-Employee issues. Quite a few folks here might be aware of it. But anyway, I read that USCIS will consider 180 days based on the I-485 'Received Date' and I-140 'Revoked date' will be the date USCIS act on the letter they receive from Employer requesting to revoke I-140 not the date employer will send letter to USCIS. I'm aware that there is no specific guidelines of which date USCIS will consider as 'Revoked date', but I heard USCIS mentioned verbally in many conference that they consider I-140 'Revoked date' as when USCIS act on the letter they receive from employer. Any thoughts?

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  • does anyone have the bill number that was passed by clinton to recapture visas from previous years. i wanted to know who the sponsors for the bill were. if its was a simple bill maybe the state chapters can talk to their congresspeople about passing something similar in the interim. it will reduce the waiting time for everybody and it is certainly non controversial...just thinking aloud.

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  • I efiled EAD and AP for my wife and myself over this weekend. My earlier documents had been filed at TSC. In answering Question 11 of EAD, I "assumed" Dallas TX Field office and USCIS TSC are one and the same. So I selected Dallas TX Field office as the answer.

    When the receipts were generated for our applications they were generated for National Benefits Center with MSC as the prefix. This got me confused and I asked this question ( on IV. This evening to research what is going on I started a dummy application and saw what I had done wrong. I canceled the dummy application.

    I am writing this to alert anyone to not do the same mistake. I am mighty concerned. I will call USCIS tomorrow morning and ask on what will happen and where should I send me supporting documents. I will also get hold of some local attorney.

    In the mean time what do you guys think of our situation. Any experiences, ideas? Please share. This will be long night :-|
    hi mirchiseth, I recently applied AP to wrong location. I guess some one had the same situation while back. Do you remember how did that fixed.
    Basically my case is pending at texas, but i wrongly sected missory and so my receipt number says MSC, that is what i realized that it was efiled to wrong location. Any help in this would be appreciated.
    I also took infopass appointment to check, i am not sure if i get help with out getting the confirmation receipt as i efiled yesterday.

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  • Yes. The malicious code did not download any virus or inject any virus in anyone's system. All it did was to redirect the user via a popup to a malicious website. Antivirus scanners pick this up as a virus alert, but it is not. It is more of an annoyance than a virus attack.

    I honestly cannot vouch for the millions of hackers and script kiddies out there that this won't happen but use a good Anti-virus scanner especially if you have kids at home.


    Yes I am the lazy blog owner who hasn't updated the site in a while.


    Don't know about the lazy part, but you do have good writing skills. Do you have a blog on IV site? If no, you may want to consider starting one.
    I'll be a regular reader of your blog!

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  • There might be very few cases 3 years degree approved in EB2 category. Try in EB3.
    If you don't care about money try one application in EB3 then try to port it to EB2.

    Sorry for not mentioning in my first post earlier... Just now I received a copy of the Letter which my company received from the USCIS. It is mentioned as "NOTICE OF INTENT TO DENY (NOID)".


    - Section 203(b)(2)(A) of the Act states
    - 8 C.F.R 204.5(I)(3)(ii)(C)

    These are related to the Education for 3 yrs degree..

    - What is the next step ?
    - What is the chance of a positive result?

    Thank you,


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  • I have a Ph.D and 2 M.Sc in Aerospace and Mechanical Engineering. I got my H1-B and I also have been employed for 3 months now. My company policy required 3 years before sponsoring me. I do not want to wait that long to start applying. How can I tell if I am qualified for EB-2 with National interest waiver? Is that the only way for me to get GC?

    I also want to mention that I have 5 proceedings papers but not journals. I also do not have any citations for my proceedings papers.

    Please advice me what is the best senario for me and if I have any chance to apply for EB-2 with NIV.
    Thank you

    NIW is tricky. As you have PhD, you can apply yourself (w/o sponser) in EB1 Researcher catagory, if you do that kind of job.

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  • That is the point. It was not of your own volition.

    Also, there is no rule that says citizenship is not available to people who do not work for the sponsoring employer for a certai nperiod of time after GC approval. It is just good practice to stick around for a few months after approval, but it is not law.

    You will have no trouble. Change your status from bittersweet to sweet and have fun. Also, good luck finding a new job.

    Thanks! I have a job already (my bills cannot wait for USCIS) Thanks, thanks thanks thanks!!!

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  • The main issue is not the expiry date of the DL, the issue is why make us verify all the documents and add the 6 month validity constraint even for "Change of Address" requests, and why give us a completely different Vertical Style DL unlike the standard Horizontal style DL.

    Also, I have not reached that stage, but what happens with people with EAD? You have to renew every year and can renew only 120 days before Expiry. The expiry date of DL and expiry date of EAD will keep chasing each other and at some point you will LOCKED OUT of DL because of the 6 months validity constraint...

    People from other states = Do you have to go through the whole verification process even for "change of address" requests?

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  • I think that instead of exhausting our energy on this issue, we better think how to make progress in our fight against injustice. And to all those who are using an abusing language .... please show your guts when you go for your next visa stamping or when entering the United States on a port of entry and try to use the similar language.... you surely will get an answer/lesson you will remember for rest of your life.

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  • I have a total of 15+ yrs exp in the IT industry out of which 8 yrs in USA. I am also an EB3 :) BTW I have a 4 yr engg degree from a small college in india :p

    Count me in too
    I am totally pissed off with this system. The only wrong step which i took was applying in EB3 when i had three years of experience. Now i have a total almost 10 years experience in IT and still waiting like an illegal immigrant for GC.

    PD : EB3 SEPT 2002.

    I am in for running/jogging/hiking in NY area. Planning to go hikig this week end.... Any body in? ....

    Your employer cannot revoke approved I-140 after 180 days of filing of I-485. AC21 portability law clearly says that. Your employer is playing with the lifes of employees. He cannot win any case in this situation. You better look for another employer and move ASAP. Also, you cannot keep PD as it is somebody else's PD. Eventhough you/your can try appealing with no chances of winning, but you/your employer is trying to spoil the life another person who got GC.

    employer can withdraw I-140 any time. A withdrawl after 180 days of 485 filing should not impact the original beneficiary.

    However these cases of substituted beneficiary using an I-140 when the underlying labor has been already been used by someone else for an approval, is a very gray area. USCIS has denied such cases in the past. search for "AC-21" + "mitosis" on Google to see various theories and threads about this...

    I would second the suggestion to let this go, but talk to a very good immigration attorney like Murthy/Rajiv Khanna. A 30 minute consultation might be a worthwhile investment.

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