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  • Sorry I mean I-102 not I-120





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  • Probably a dumb question which was answered before in some other thread.. but just so that I understand better:

    Am I correct, or totally off base to say: There are no clear cut legislative guidelines regarding how cascaded visas or recaptured visas are to be used especially w.r.t country limits. USCIS has the discretion in how these visas are to be handed out..
    If so, how has USCIS handed out these visas historically?

    It's a bit more complicated than that:

    Law comes from three sources:

    Comman Law: Laws inherited from the british justice system (evolved over centuries).

    Legislative Law: Laws passed by congress and signed by the Prez.

    Regulatory Law: Regulations created by the regulatory agencies to implement the laws made by congress. Congres doesn't always finalize all the details to the last comma and leaves that work the relevant government agency. For example, FCC, SEC create regulations about how the congress' laws are to implemented. These regulations have to conform the laws passed by congress. These regulations have the force of law.

    So when congress did not stipulate any specific overflow mechanism, it left it completely up to USCIS to work that out.

    Historically EB2-RoW overflowed to EB2-India and EB3-Row overflowed to EB3-India. Soon after EB3-RoW was retrogressed, USCIS channelled EB2-RoW to EB3-RoW. This is expected to continue till EB3-RoW becomes current itself.

    Therefore, if you're looking for any progress in PD, whether EB2 or EB3, the key parameter you should be watching is EB3-RoW cut-off. Only when this becomes current, others can even _think_ of nirvana. Without overflow of RoW's, both EB2-India and EB3-India cannot progress more than a day in every bulletin (at a average). EB3-Row moved a month and a half in Jan bulletin, which counts as a progress, however small, for everyone. That holds true -though not easy to intuit- for EB2-India as well!





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  • Please don't get me wrong. I am not against any one getting it. The date I chose here is just an example and my PD is not in 2003. I thought if they approve cases with newer PDs and reject older cases that raises an interesting point.


    I guess i dont have a PD as old as some of the other folks , but Its been 3 yrs since we applied to 485 and still waiting on some news. 3 FP's. 4 EADs and not a single update online. Am i STUCKKKKK..

    cheers

    You are right, priderock. If indian2006 is willing, his case can be used as an example by AILF but I think we should be happy for those who got approved and spare them any more trouble.

    However, looking at indian2006's case, I had one question.
    If they allocated visa number on 1st July then, why was the approval done on 10th? I think in one of the earlier posts it was mentioned that they need to use it in 7 days or else return it to DOS.





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  • Did you try the walk-in option. Some offices have walk-in option and they do let you in without a Infopass appointment. And also since you think that your case is so serious , did you try to talk the security person explaining him the situation that you are not able to book an appointment for Infopass and let you in for walk-in appointment.

    Local offices are usually accomodating if there is a genuine issue.

    thanks, i will give a try for this option i did not knew that....thanks again..





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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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  • Chicago, North West Suburbs.





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  • Hi,

    Are you going to file AC21 now or going to reply Rfe without filing AC21.
    Is your lawyer frogamn from CA? Did they infom you about Rfe if not how did you get the Rfe mail.

    Thanks




    I have a phone call set with my lawyer. I am going to listen to his recommendation. However knowing how others are handling similar situation will help me in taking decision.





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  • my new 140 is file in april and is approved. got my EAD and AP. But no FP.

    I also dont expect to get the GC so fast. its more of a red flag and concern what they are trying to look for.





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  • Pl. keep up the great work Core IV team...

    "In the orderless fields a small path was formed because you walked there
    Because you walked there it has become a highway that everyone uses."





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  • USCIS - FBI Joint Plan to Eliminate Name Check Backlogs
    May 2008 - Process all name checks pending for more than 3 years
    July 2008 - Process all name checks pending for more than 2 years
    Nov 2008 - Process all name checks pending for more than 1 year
    Feb 2009 - Process all name checks pending for more than 180 days
    Jun 2009 - Process 98% of all name checks within 30 days and process the remaining 2% within 90 days

    http://www.uscis.gov/files/article/NameCheck_2Apr08.pdf





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  • Great to see that things are moving in DC at just the right time.

    Also note to all the readers. I hope people realize that all the folks who are in DC right now (from Florida, NJ and other places) have

    1) Paid for their trip at their personal expense
    2) Are staying at hotels at their personal expense
    3) Taken days off from work at personal expense
    4) Paid for Rental Car/meals at personal expense

    We are running short of funds and there is only so much the core volunteers can contribute (monetarily as well as timewise). Each of us have an equal stake in the outcome of what we are trying. Please consider contributing to Immigration Voice. If you have already contributed once, we urge you to please do so again. Also try and rope in your friends who are in the same boat.





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  • I have a 4 yrs BE (ECE) degree. so am not sure what could be the RFE. Do we also have to submit education evaluation for a 4 yr BE degree from Ind?
    also since its a govt organization, my LC juz said 4 years bachelors or equivalent. i do have a Masters from an US state university. so not sure what could be the RFE.. ability of pay is not an issue i guess, cos its govt. what other rfe's are there?





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  • I plead Guilty, but to lesser charges.

    As a long time EB3 sufferer (and will continue to suffer for a long time to come, 7 years and counting), it is very difficult to sign up for "hang in there, and hang in together". By now my spinal cord is at the breaking point, I was 5.4 when I started hanging in there, now I am 7.2 and growing (check out the latest Guinness book of record for the longest neck).

    IV has done a lot, and I applaud it for doing so. However, I don't subscribe to "hang in together" mantra anymore (the current EB1 spill-over still rankles me), but I don't use IV for such discussion anymore. *Some* EB2'ers initially bashed us for being silly and jealous, and now they want EB3s to not port. Just as the reputation I have shored up, it looks like "EB3s are infamous around these parts".





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  • How were you able to file in june 2007 when the dates were not current for eb3. They wont even accept the applications.

    My pd was current on June Bulletin
    January 27 2004 ROW





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  • ^^^^^^^^

    comments from folks?





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  • Right but if my doubts are valid and USCIS may be planning to act in the said way then we can proudly say that " we have been legally fooled" by USCIS.

    May be one of the items in Admin fixes campaign should be to request for better transparency from USCIS.

    If you have transparency, a lot of issues will automatically see light and be raised in senate sessions, in media, etc.

    Stupid info like Processing Dates, which retrogress for stupid unknown reasons and are utterly useless information help no one.

    Some of the things that should be transparent and should be reported every month are

    1) Range of Recpt dates (earliest date and latest date) processed/opened by a service center in a month. This will help us understand if they are following FIFO or not

    2) Range of PDs approved/adjudicated/visa number assigned in a given month at a given service center
    earliest PD(date, EB category) &
    latest PD (date, EB category) &

    This will tell us whether they are adhering to their own rule of adjudicate cases and assign visa #s only when PD is current

    3) How many Visa numbers have been used up in each category so far. (They definitely have this information, otherwise what is the basis for them to suddenly move PDs ahead so as to use more visa numbers ! )

    This will expose the speed (or the lack of it! ) at which they are using visa numbers and potential for wastage


    The Gurus can probably come up with other metrics.

    Most of these should be easily generated by USCIS...and this transparency will force them to work efficiently/correctly.

    And since such data would also help Administration, they might like the proposal, and willing to force USCIS to start publishing such data.

    Then we wont have a use for sites like :) (sorry Mr. Goel ! )





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  • 50, 100 H1b's.. Are you Kidding me.. Just 22 ! Take a wild guess how much were selected ! 6 ! only 6

    Thanks





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  • http://www.bloomberg.com/apps/news?pid=20601087&sid=aJ3Az1Gk7TXI&refer=home

    Well - these people get VIP treatment in prison - believe me - they get good food, drinks, entertainment, cell phones, cable tv, reading room and other things. They wont keep VIPs along with pickpockets and robbers.

    Most of the VIP frauds actually continue their business operations or start new ventures when in jail and sometimes form new partnerships with like minded VIP frauds who are also in the same prison.

    It is a haven for them.

    After all the heat goes down and after few years they are released, no one cares - they may either settle in a beach house or continue with another fraud company or maybe enter politics.





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  • Incorrect!

    One can start working as soon as H-1B transfer is filed, if the beneficiary has (or had) H-1B status in past. Google for H-1B porting.


    ________________
    Not a legal advice.

    I know we can start working once H1B receipt is received.But what if it goes wrong (ie denied)once you started working





    Got the approval notice today :) "Welcome to the United States of America" - ironically i have been in this country for a decade now! finally the "welcome" :)

    It has been a very long journey!!! and a very frustrating one for the last few years... but the feeling that I now get is really liberating... first thing I did was thanked God for ending the seemingly endless wait that me and my wife (she didn't care as much) were in.

    I'm already thinking of the things I want to do after this new found liberation... it includes showing the middle finger to those who have taken undue advantage of my status :cool: :D and i'm not taking it anymore... I'll be a new person starting Monday!

    Just so there is no confusion... my PD was Feb 2003 EB3 but my wife's PD was EB2 April 2004... we got our freedom through her application. If anyone needs more info on how/what/when - i can share that (it had its up's and downs - mainly downs, but all's well that ends well)!

    Lastly as a token of my real support to the cause of IV I will be donating a small amount. I have donated in the past... I have participated in conversations in the past... I was not so active on other fronts but I truly believe in this organizations effort to help the community. And God willing each one of you will get this freedom soon! God Bless!

    Congrats and Best Wishes





    -
    -----------------------
    Call for negotiating a comprehensive services agreement is not mundane. Together with rejection of billions of dollars worth Us defense deal, this is seriously moving towards becoming a significant issue. You may want to dot the is and cross the ts but that is not how the Law makers, Senators US or Indians think about these issues. They are at 30K feet level looking at the Forest while we waste time in just going around our own trees.
    .

    Agreed there are a lot of similar articles generally coming out in Indiatimes too with regard to work visa issues in the US and UK. sometimes there are factual inaccuracies, but the point is very good. Maybe we can even reach out to these reporters to work on presenting media in the US



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