Saturday, June 11, 2011

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  • nogc_noproblem
    07-16 03:41 AM
    Hope this becomes true.

    It is very simple.

    Old Vertical spillover system
    EB2 ~ 44 k
    EB3 ~ 89 k

    NEW, Horizontal spillover system
    EB2 ~ 89 k
    EB3 ~ 44 k

    The above will be definitely true for FY2009. It might be a little less for FY2008 as they changed the system mid-year. EB2 will become current by end of FY2009 to 2010. Without legislative action, EB3 will get max relief then - vdlrao is correct.




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  • bluekayal
    03-17 10:57 AM
    SEC. 406. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

    (a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-

    (1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:

    `(F) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).

    `(G) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).

    `(H) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.

    (2) APPLICABILITY- The amendment made by paragraph (1) shall apply to any visa application--

    (A) pending on the date of the enactment of this Act; or

    (B) filed on or after such date of enactment.

    (b) Labor Certification- Section 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amended--

    (1) in subclause (I), by striking `or' at the end;

    (2) in subclause (II), by striking the period at the end and inserting `; or'; and

    (3) by adding at the end the following:

    `(III) has an advanced degree in the sciences, technology, engineering, or mathematics from an accredited university in the United States and is employed in a field related to such degree.'.

    (c) Temporary Workers- Section 214(g) (8 U.S.C. 1184(g)) is amended--

    (1) in paragraph (1)--

    (A) by striking `(beginning with fiscal year 1992)'; and

    (B) in subparagraph (A)--

    (i) in clause (vii), by striking `each succeeding fiscal year; or' and inserting `each of fiscal years 2004, 2005, and 2006;'; and

    (ii) by adding after clause (vii) the following:

    `(viii) 115,000 in the first fiscal year beginning after the date of the enactment of this clause; and

    `(ix) the number calculated under paragraph (9) in each fiscal year after the year described in clause (viii); or';

    (2) in paragraph (5)--

    (A) in subparagraph (B), by striking `or' at the end;

    (B) in subparagraph (C), by striking the period at the end and inserting `; or'; and

    (C) by adding at the end the following:

    `(D) has earned an advanced degree in science, technology, engineering, or math.';

    (3) by redesignating paragraphs (9), (10), and (11) as paragraphs (10), (11), and (12), respectively; and

    (4) by inserting after paragraph (8) the following:

    `(9) If the numerical limitation in paragraph (1)(A)--

    `(A) is reached during a given fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to 120 percent of the numerical limitation of the given fiscal year; or

    `(B) is not reached during a given fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to the numerical limitation of the given fiscal year.'.

    (d) Applicability- The amendment made by subsection (c)(2) shall apply to any visa application--

    (1) pending on the date of the enactment of this Act; or

    (2) filed on or after such date of enactment.




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  • arunmohan
    03-15 02:48 AM
    Group:

    We need to do something for sure. I know that most of EB3 folks are stuck for GC more than 7-8 years. I don't see any good progress for EB3 in the future.

    I would request from everyone to wake up and take a proactive step. I am ready to give any kind of support.




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  • rayoflight
    05-19 08:06 PM
    BIG THANK YOU to

    axp817, av2004, Abhinaym, ggmutd08, vadicherla, rajchadha, patchsk, newuser, homers, winner, kate123, gcandgc, newyorker123, prabcpa, abqguy, itisnotfunny, alok_msh, m306m, rp0lol, srinivas_0, nwise, ca_immigrant, jimytomy, kirankashi, sujijag, suniel2008, ajay, amsgc, cbpds, prasad_fl...

    for YOUR SUPPORT
    and LEADING THE WAY



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  • ruchigup
    09-17 08:59 PM
    Notice of Intent to Deny

    Hi Chanduv,

    What does NOID mean? In other words we should invoke AC-21 if requested by USCIS?

    Appreciate inputs.

    Regards




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  • gsmishra
    07-27 10:23 AM
    I thought A# is in I-140 approval notice.
    It will still take many months for uscis to process our I-140 application.

    I got the LIN number by calling USCIS...but have not got the receipt notice till now...

    As there is an A# on I-140 form which needs to be written on all 485, 765 and 131 forms....i hope i get it in a day or two....

    I-140 filed : July 12th
    Reached NSC : July 16th
    Receipt generated : July 16th

    Still waiting for receipt Notice. :(



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  • columban
    06-09 03:55 AM
    You definitely raise an interesting case. What I would say to that is that they just have to reevaluate the points allocation system. the details of the point allocation system may be bad but the overall intent still stands to benefit the highly educated while including the EB system as well will make sure less skilled but in demand people are also taken care off. handling family based GC is a whole diff ball game though.




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  • clemsonite
    05-17 02:30 PM
    ...actually just clicked through and filled up info. Thanks for making it easier. Hope it helps.



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  • kopra
    03-25 12:45 AM
    I think USCIS will make the dates current as long as they can see in which category people have filed most after last july( if both EB2 and EB3 has large number of filers they may make both current as last july), so that they can get the increased fee from a "substantial" amount of people filing, and give them EAD and make the cateroty to "U" after the filing:D







    Mr. Gotcher posts this today.
    Controversy over calculation of "fall across" visa numbers (http://immigration-information.com/forums/showthread.php?t=4610)
    Long to short, Mr. Gotcher thinks the explanation of Apr. VB is an error.
    I will just quote the last two paragraphs. If you are interested with this topic, you can follow the link to see detail.

    ************************************************
    This is where the controversy arises. Do these provision require the Visa Office to let unused visa number from higher preference categories �fall down� into lower preference categories before being made available to single state quotas, or can they move unused numbers from a worldwide preference category over to single state quotas while there is still demand in the lower worldwide categories?

    The Visa Office interpretation is that if there are unused numbers within a specific worldwide category, those numbers may be made available to single state quotas even if lower worldwide preference categories have visa cutoff dates because they are oversubscribed. I believe that this is an error.




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  • senthil1
    12-04 07:09 PM
    The visa restrictions, Cap and rules for H1 and H4 all were framed to protect American jobs. If H4 is given work permit then there is a fear that one more job may be taken from the American people. I am not telling it is correct but everyone are in that situation. Also we cannot resolve all the issues. L2 can work H4 cannot work is discrepancy. But one person working in a home will not have any stress especially when there is kid. We have to consider this is an advantage



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  • gvarghe
    09-25 10:21 AM
    This is my first post in this forum, only because I am seeing this Fragomen thread. I had a very bad experience, while working with a 'so called "reputed" India's largest software company' . Fragomen handled my L1 extension for this company, there was an RFE on a simple matter, but they took the whole time provided in RFE deadline to respond to the RFE. Finally when they responded, they responded to USCIS with the supporting documentation of some other employee. USCIS immediately denied my L1 extension petition, and I had to pack up and leave the country in a gap of 1 week. This Fragomen lawyers or paralegals have no concern or not even rendered an apology on this fiasco.




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  • inskrish
    09-21 08:23 PM
    Well, it's time to break the news.:p I didn't attend the rally because

    (1) the first and foremost reason: a recent surgey at my backbone , and I may not be able to walk for more than 15 minutes continuously.

    (2) the second and honest opinion: Even If I were doing well, I wouldn't have attended the rally due to the yelling-nature of words from some of the Core leaders, and their pushy messages.

    (3) the third and final point: The rally pictures and the rally experience of other members have impressed me very much and have totally changed my mind. So, next time, whereever you organize the rally, I will be there.:p

    This is my honest opinion about my abscence. I hope noone will jump on me for my reasoning.

    Regards,
    IK



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  • Jaime
    09-14 01:21 PM
    Today! Today! Today!

    Today you make up your mind to attend the rally!

    We are your IV friends!!! Come join us in DC and change what's wrong! et's go together and fight for our hard-earned Green Cards!!!!




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  • dilbert_cal
    03-20 09:17 PM
    never worked for "employer x" after H1 transfer, perhaps you are out of status. What is your lawyer saying? You never transferred H1 back to emplyer#2?

    H1 doesnt work as you are interpreting. OP was working for 'A' and had a valid H1. At some point of time, he got a job offer from X and had his H1 transferred to X. Even though his new H1 is approved, his old H1 is still valid. It is valid as long as OP doesnt join X. Since the OP never left A and never joined X, he was always in status. OP -> this should be a simple case. Since you have documentation to prove that you were in status always and since you never joined X , you dont have paystubs and that should be perfectly fine as long as you never left A.



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  • gcretroiv
    04-10 02:38 AM
    I do not know why ssd213 is suggesting some front office jobs
    and where as idlinginc is siggesting about some cut and paste jobs.

    Are u guys kidding. This guy if from IIT MUmbai/ BTech computers.
    It means his JEE rank shd have been below 200.




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  • pkv
    05-06 02:43 PM
    I was told that people on H4 are not eligible for SSN, and if I want she (the person on counter in ssa office) can issue me a denial letter for that. It sounded useless to me that time, so I didn't bother to get that letter.

    This idea sounds good to me, I'll go to SSA office again and try to apply. Offcourse they will say that they can't accept application. So I'll get a denial letter and I can appeal against that.



    They cannot refuse to accept your application. Fill in the forms and send them in. They can deny your application and then you can appeal. If they refuse to accept the application, you have two options. You can contact your congressman and complain. You can file a discrimination complaint with the SSA ombudsman. Here is the discrimination form.

    https://ssa.gov/online/ssa-437.pdf

    Finally, if you believe you have been denied your rights because you are an immigrant, you can contact your local ACLU and ask them to represent your case. As a last resort, you can file a lawsuit at the federal district court. The filing fee for this is $350. However, I hope we are all doing this to exercise our rights rather than for the money. At least that is my motivation.

    In my case, the first time I called, the person hung up on me. But I did not give up. I got them to accept the application and it is currently under reconsideration. I was also able to get a response from the Regional Office. So far they have not addressed any of the points I made in the original case as described in the OP. I expect they will continue to ignore their own laws and regulations, until I appeal this to an administrative judge, who will make a legal ruling.

    BTW: All this costs you nothing but your time.



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  • snathan
    07-22 12:43 PM
    There is no such thing in the Indian Constitution as the "national language." You can either read the document yourself or you can refer to the recent (late June 2010) judgment by the Gujarat High Court to this effect.

    There should be respect for all Indian languages. The more Indian languages you know, the more familiar you will become with India and Indian culture. Those who do not know Hindi need not rule it out from the list of other Indian languages they could learn. And the same can be said for any of Assamese, Marathi, Gujarati, Telugu, etc.

    Exactly...I was getting irriated when people are forcing and telling that I should learn hindi. isnt my personal choice...?




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  • anilsal
    06-09 12:28 AM
    Was listening to NPR today and some anti-immigration group apparently sent 700,000 web faxes/emails to get the current CIR bill down. Try matching that at IV... Also mentioned that their members called the lawmakers in thousands.

    The group is not NumbUSA. Some other group.....




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  • chanduv23
    09-12 11:28 PM
    Prince charming - I invoked AC21 sometime back after 180 days of filing 485 and moved to a new job on EAD.

    My ex employer revoked 140. At this point of time I did a lot of research and found out the following things

    (1) AC21 letter never reaches your file - there is no system in place for AC21 letter. G 28 gets into the system because there is a process in place for G 28
    AC21 is a law that allows you to change jobs but there is no system in place.

    (2) AC21 letter must be provided upon request - different officers want differtent information so they generally issue a NOID and ask you to submit evidence in 30 days. USCIS in some cases sends out straight denials. The denial letter generally has information to file MTR within 30 days if the case needs to be reopened due to USCIS error.

    In August when my case was being processed, they sent me a NOID but sent my wife Fp notice - I called customer service and was advised that she can go for FP as usual but I have to respond to NOID before they move forward with my case and I promptly responded with AC21 and my case status changed to "Case reopened, response received" and there were soft LUDs hitting my 485.

    Keep all documentation ready and be proactive, you can hire a good lawyer from MTR, remember that when you file for MTR, you cannot work - so before you inform your employer, get a letter from them and then inform them - in case employers will be reluctant to give any documentation if they know you cannot work for sometime. If you are on h1b you dont have to worry.

    MTR approvals can take 3 to 5 weeks or more too.

    if not on h1b you start accruing unlawful status and usually lawyers suggest that you stay till less than 180 days when your MTR is filed - it never takes 180 days for a decision on MTR so dont worry about unlawful status.

    These are hidden risks in AC21 but good news is that AC21 cases have always been successful.

    You may have to go through this period of uncertainity.

    Good luck.




    skynet2500
    06-14 10:57 PM
    Great Job IV Team. It wouldn't have happended without your dedication and hardwork.Thank You.

    Donated $100 on June 14, Receipt ID: 4149-1504-4372-5152

    Best Regards




    ram_ram
    12-10 01:06 PM
    Logiclife,
    IV is a voluntary organisation. You can request people to volunteer, but cannot force them or scold them for not volunteering. This is not professional. They might have their reasons and the right to work their way. I agree with your frustration when people who signed to turn up do not show up. But I feel this is not the way to express it.

    Ram

    I have been member of IV since Dec 05. Probably since a couple of weeks after it was founded.

    In last 2 years, I have seen many ups and downs with this org and there are numerous stories to share in my work with core and grassroots, with lobbyists and congressional staffers, with friends and colleagues.

    But what has been happening in few places lately is something that those responsible should be ashamed of.

    On saturday IV chapter leader in Texas Needhelp! had organized a local chapter meetup. Now you may ask, oh, another one of those. What do they do anyways?

    Well, here is what we do in chapter meetups.

    WE WORK.

    We find groups that can be formed to meet local congressmen. We refine talking points. We share updates that we dont usually share on website. We help new members get up to speed. We sometimes get local immigration attorneys to answer questions on pro-bono basis (yes, that means free for you) to serve the community. Lawyers get free publicity, we get free legal advise. A symbiotic quid-pro-quo.

    This is what happened this weekend in Plano TX (Dallas Suburb).

    Now mind you, Dallas area alone has probably atleast 300 registered members. Not to mention the lurkers for whom I have a special message below(at the end).

    This is what she (Needhelp) reported after chapter meetup.



    Yep. She missed an extra carricular event important to her daughter for this meetup.

    Dont even get me started on those who live 10 miles from Plano Texas and dont bother responding even.

    You know, when someone arranges to send you details in email and you know about it, you say you will attend and then you dont, what do you think is going to happen?

    IF EAD IS THE END OF THE ROAD FOR YOU...

    If EAD is the end of the road for you, then why are you still coming to this website. There are about always 600-700 people on this site during the day and about 300 people at night. Who are these people?

    The truth of the matter is, the ones who dont contribute, have stopped contributing, or have never contributed funds, attended events or given anything to this org - but still keep scouring theads - are the people to be pitied. You will always be worried. "Mera kyaa hoga". (what will happen to me). Your journey wont end. Ever. Even after getting GC you will be worried about citizenship. Even after getting citizenship, there will be small itch in your head - what if my citizenship is revoked (yes it can legally happen and has happened to a WWII genocide guy in 2001-2002 timeframe, go google it and ruin your rest of the day).

    The truth of the matter is, right now, even after getting EAD, then only action you have taken is either stopped contributing funds, or stopped giving any of your time to this org.

    But your life has not changed one bit.

    You probably wont even use your EAD or change employers. You will constanly be worried about your namecheck, your fingerprints, your this, your that. You will be worried about new inquiries and RFEs coming on your approved 140 (approved years ago) during 485 processing. (yes that can happen too). You will be worried about accidental rejection of 485 (that's why most of the people wont even use EAD and continue on H1 to preserve option of using appeals process to appeal 485 rejection on H1). You will be worried about USCIS not buying your AC21 portability and sending your RFEs to prove that the ported job is "Same or similar" in nature. You will be worried about being unemployed for few weeks at a wrong time just about when 485 RFE comes and you dont have a letter to show you have a job offer to justify 485 approval.

    So basically the struggle hasnt ended. Yes, keeping looking at your EAD in your wallet every 3 minutes, its still miserable.

    So why not act to end the misery rather than scour forums and comiserate. Is it that much fun to comiserate and is it that much pain to co-operate?

    THE LURKERS ON THIS SITE WHO WILL NEVER REGISTER OR DO ANYTHING AT ALL.

    Not to mention how many cowards (yes, cowards who think that by registeration on this website, the USCIS will send a black helicopter to their home and abduct and deport them, the ones who have watched the movie "enemy of the state" too many times and think that there is a Jon Voight out there who has nothing to do both to pluck legal skilled immigrants and throw them out). I have a special message for those lurkers who need this website and visit it everyday but dont have the balls to register, share email and participate in any activity. This isnt about a chapter meetup, or your greencard or even this org. Your reluctance is not a reflection of your over-cautiousness. Its a reflection of your character. You will eventually get greencard, become citizens even, but this kind of cowardly attitude will made you lead a boring, uneventful and mediocre life.

    And by the way, if the government was really after you, they would have already gotten to you for browsing this site too. Dont you think they (the black helicopter guys) can find our who you are while you are lurking? Ever heard of IP addresses? If I can find that out then they can do much more.



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