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  • 60 days...period of authorized stay.....check with the international advisor in school......





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  • yes, it is the I485 STANDARD OPERATING PROCEDURE...





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  • My guess
    Best case : 12 months
    Worst care : 4 years

    sachug22,

    I agree with your initial post on this thread. In all likelihood, we will end up with ~ 50k - 55k, EB3s issued this fiscal.
    Last year they issued ~ 6200 EB2-IN, and dates progressed one-year.

    Considering the EB1 spillover plus the FB spillover, we will have ~ 15k - 20k available for EB2 In/CH for use in Aug/Sep08. If the USCIS does its job well, then that should be enough to propel EB2-IN dates forward by two-years April-04.

    I believe a sizeable number of applicants with PD before Jun-06 will get their GCs approved before Sep-30-2008.

    I know my case is stuck in background checks, hopefully it is past 180 days - i have no way of knowing.

    I will be excessively anxious (like most others here) till Aug 1st week, if there is a deluge of approvals - good i'll probably get more anxious.
    If there is only a trickle, i'll forget the whole Aug VB and go back to my plan-A (i.e. forget the GC and get on with living).

    EB2-IN, PD Oct-28-2007





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  • tally of dangerous animals



  • EB3-India
    PD: Mar 2005
    EAD-AP approved, FP done





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  • Pappu has doused the fire..:(
    Thanks for understanding. sorry though for disappointing you.
    I must say that the motivation and drive in members is great these days. Last week's effort has had positive effect on all of us and united us. Let us all use this energy sphere we have created to help make this organization strong and take part in the current action items.





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  • Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.

    correct. out of status != unlawful presence.
    So being out of status for >180 days does not trigger the 3 year ban. Either USCIS must make the determination that you are out of status, or your original period of authorized stay (I-94 date) must expire.
    however being out of status >180 days since your last entry into the US is problematic for your adjustment of status.





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  • Date of sign up: Jan. 16, 2007
    Subscription Name: Secure $50 Per Month Recurring Contribution Subscription Number: S-09A85447SH728390F

    Contributed till now: 300 + 50 = 350

    Even my October 2002, NJ EB3 labor was not yet approved. Not that some thing good will happen soon, but by seeing the selfless efforts of the core team especially Aman, I feel sad and hence contributing. I know if some one asks me to spend even one hour time for some social life, I may not do so. But this core team has been tirelessly working and I feel ashamed of myself.

    This 485 eligibility to apply will not even benefit me as my labor is stuck with PBEC and I hope all the people waiting with 140 approvals will get benefit.

    Thank you Team IV.





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  • Visit Guadalupe Mountains



  • kumar1,

    I agree to most of the points you wrote. I believe there is one thing that you missed.

    H1B is a dual intent visa that allows a foreigner to work in US and also apply for permanent residency. It was originally intended for American companies to hire people from abroad. But how many American companies hire people directly from abroad? Even if there is some, it would be very very minimal.

    Body shoppers are the one who take on the difficult task of interviewing/recruiting/sponsoring/air-lifting the foreigner to USA in addition to preparing the candidate to withstand the rigors of a visa interview.
    They give initial accommodation (agreed, a 1BR aptmnt cramped with many ppl), pay on bench ( accepted, not all), place the candidate on a project and get the foreigner US work/cultural experience. After they go through the whole nine yards, these American companies jump in and poach these H1Bs.

    Take the body shoppers and glorified body shoppers like TCS, wipro, infy etc out of the equation and you would have sheer wastage of H1B numbers since the American companies will not go abroad to recruit someone who is unfamiliar with US work culture.

    That is why congress came up with 20K quota for master degree holders who can be recruited directly by US corporations. In my opinion, US corporations should not complain at all since they were never interested in upholding the true spirit of H1B by recruiting people from abroad directly.

    -gcisadawg





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  • Added my $100 towards our common dreams and goals! I still vote to keep this site free for everyone's benefit. Believe me ppl will come around..took me a while but as they say better late than never!

    IV you have our support! United we stand!

    Paypal Confirmation Number: 8GH00265XS5850731
    PD: Aug 04
    RD: ????


    Same here. Here's my small contribution in your big effort.

    Best regards,
    Google Order #853854384931851





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  • Guys I have a basic question if filing for 140 and 485 concurently is rule that uscis can change.. why cant they change a rule to file for EAD and AP after 140 is approved. Since these two are seperate all together from 485 anyway, all we need is filing these two. and 485 can filed when numbers are available.

    And also if the FBI name check can be done during or after the i-140 stage as the labor market is already tested and the employer has/had committed to hire the alien (One of the major factor contributing to this is the retrogression ,which can be reduced substantially at the name check stage) . At least the name check can be taken care of while people are waiting for their PD to become current?





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  • This is the new trend among the Desi consulting firms in NJ area. I don�t know about other areas. These days they don't want to hire a person with tons of experience. Because the experienced ask more benefits and can't be exploited to the same extend as an F1 OPT candidate.

    Recently I spoke with many Desi consulting companies to change my job and most of them were offering less than what I get today. Later, I spoke to the consultants on bench/training and learned about the OPT candidates.

    Another thing, at the client site if you are a Corp candidate then they don't believe your resume and expect you to prove yourself at the work. Not a problem for an experience candidate to prove his or her capabilities, but the whole process shatters your morale and at some point it becomes a problem.





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  • This once again proves that most of the popular immigration attorneys and other parties claiming to have "inside" information really don't have much more access to information than the rest of us.





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  • Mr Path of Joy
    I am EB3 India working for a small company in construction design industry. I have enough experience, qualifications and degree for an EB2. But it is not as simple as you make it sound.
    A major part- 8 out of my 15 year experience in this field has been with this employer and although my employer supports me, they are simply not hiring and have been having a difficult time since 2007. So, they cannot file for an EB2 Labor.

    I cannot change jobs, since my qualifications and experience will put me in a different job-description and title which I cannot because of how AC21 interprets the laws.

    So it is not as white and black as you make it sound. Most EB3 folks started their process way early in their careers and have moved on since. Some of us have been waiting for 10 years and have been in the country for 15 or more years.
    Some started during the last recession in 2001-2002 when EB2 was in scrutiny and dates were current for all, most employers and lawyers were touting the EB3 route.

    Anycase, I do not expect you to understand our situation. So continue speeding on your path of joy.

    same boat here, i bet many others do so.
    back in 2003 when my friend insisted to have my GC file in EB2, my attorney filed in eb3 convicing me saying all are current why bother. ( praying a cleaner route to hell for that attorney ).





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  • I always believed that everyone out here is atleast a grad with a degree. Isn't it what the minimum requirement for EB Category 3 ?

    Correct me if I am wrong.

    Undergraduate degree = Bachelors
    Graduate degree = Masters





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  • like minded folks, please post your ideas.
    This time to ombudsman office and to the white house. I have seen no other campaign been so successful like what we did in July 2007 that made USCIS reverse their decision.The whole point of this is to make a point to the ones who have the power to change things.





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  • Thx for the update Pappu...
    Go IV go!





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  • Pappu,

    You don't need to be so polite with this member.. He/she just joined IV. Haven't done anything for IV.. Don't know what IV is doing any now start talking about IV core doing partying..



    No we are not partying. Welcome to IV. Please update your profile with full information. Thanks.





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  • Hi All,

    Employer A - original sponsoring employer. Got laidoff and joined B (large corporate). Before dates got current got offer from C and C applied for H1 transfer. Now received RFE on I-485 to provide EVL from current employer along with paystubs and W2.

    My problem here is that I consulted Murthy and they are saying that I need to make a choice between my current employer B and my potential new employer C whom I have not started working yet but they have filed for H-1 transfer. If I respond to the RFE using my current employer information then it is more straightforward but then I will need to stay with them if I get my GC right away after responding to the RFE. But if I use my new employer's letter then I don't have paystubs to show until I join them which won't be until the H-1 transfer goes through and I go through one payroll cycle. But that will be too late to respond to the RFE.


    If I don't join C then I need to pay for the H1 transfer that they filed and attorneys fees. At the same time I am also not happy with my current employers HR and attorney.





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  • Entrance sign to Guadalupe Mts



  • Dear Editor and Eilene Zimmerman,

    Your statement as following has put the marching on capital hill in wrong context:

    "Charnock is one of a groundswell of entrepreneurs and advocates for immigrants who say Congress needs to raise the cap on H-1B visas to help the economy. Last week 1,000 protestors-mostly legal immigrants-drew attention to the situation of highly skilled foreigners who want to work for companies in the U.S. by marching on Capitol Hill. "



    Marching on Capitol Hill mentioned in the article is NOT about increase of H1B but to request congress to fix the legal immigration system through which these H1B high skilled workers who come to USA in a temporary status become permanent. This is called green card process. Currently to become permanently employed in USA takes 6-12 years for these H1B high skilled workers. This makes their life status probationary as they have to go through various governmental procedures to maintain their status, travel abroad.

    Green card process has proved that no US worker is available for the job these high skilled workers do. After proving this, it may take 6-12 years to become permanent worker because per year per country quota. About 50-60% of these workers come from India, China because these two countries possess 40% of world population. So naturally lot of talented people will come from there. Now if we make a quota saying only 14 % will come from these two countries, naturally there will be delay for the worker from these two countries. We demand these per country quota be removed from these high skilled workers’s green card process.

    Per year quota of Green card is generally less than the number of high skilled worker apply for green card. Last 3-4 years this quota is not fully utilized because of slowness in process due 9/11 incident. So there are about 60,000 unused visas which were supposed to be available from the quota to these workers. According to law, this unused visa cannot be available. This also increases the wait time.

    When these high skilled workers comes to USA under H1B program, their spouse and children are NOT counted for the quota, but when they apply green card, their spouse and children are counted for the quota, resulting huge queue.

    Thanks,
    XXX





    Please excuse my ignorance,,but what is 529





    Hey Andy! Come over to DC on 18th



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