Friday, June 17, 2011

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  • qvadis
    12-29 04:03 PM
    No one analysed the statue of the language used in 202 5 a.

    If the total number of visas available under paragraph (1), (2), (3), (4), or (5).



    You might have to define what the word "is" is ;-)

    Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"

    One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.


    This is the very direct, simple interpretation of 202 5 A.
    Therefore one cannot (EB3-ROW) interpret, for their convenience.


    Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.


    Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.

    I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.





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  • BharatPremi
    11-06 11:14 AM
    Thanks bro for great information.

    however, I have some questions. You say that the officer told you that your AP was approved on Oct 1, 2007. Did you see a LUD change that day in your status. If you did, what did it say. I ask because I got a LUD change on our AP on Nov 2 but the message is still the same as it was when i got the receipt notice. No mention of AP approved.

    Ans: Yes, I already mentioned that in my write up. First (and only)LUD change happened for me on 10/1*/2007 and that is the approval date as per lady officer in USCIS. During LUD change message content never changed for me and still it is the same which is as under. so currently I have not received physical AP papers yet and on line status still does not show our AP aaproved yet I found our APs are approved during this infopass appointment.
    Receipt Number: LIN*******

    Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT

    Current Status: Case received and pending.

    September 1* we received your application .....


    My recetip date is August 14, and NOtice date is Oct 2, 2007. SO the TExas website states 3 months. Is it 3 months after notice date or receipt date.

    I have heard people getting their AP without their online status being changed. Is this true. Anyhows, I have yet to go and do my finger prints. It is scheduled for Nov 21. Maybe they need to wait for finger print to before the AP is approved. or is this not the case.

    Anyhows, comments are appreciated.

    Thanks

    :)





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  • mirage
    06-05 08:38 AM
    I tried to understand the 'Change jobs after 180 days' of filing I-485, but didn't understand if they are planning to do anything different..





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  • sparky_jones
    10-02 12:01 PM
    Hey Sparky_Jones,

    You are the first guy whose case was transferred to CSC and you got the FP notices. Can you shed more light as many pople, like me, are stuck with no FP notices and we all had Receipts/EAD/AP from CSC...And now the files are back to either NSC or TSC...

    Thanks!
    Sure, what additional information are you looking for?



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  • neverbefore
    07-14 02:57 AM
    There were times when I was really depressed, specially when I got delayed in New Delhi with "Name clearance" for H-1 renew. However, I believed in higher power and never lost hope. My parents (mother US citizen,father GC) always kept my spirits high. I also got a lot of support at my job (when I got stuck in India, my chief pulled all strings possible to get me cleared).
    I also had a backup plan, where I could go to Canada or worst, can go back to India where I have an established practice.
    Botomline, do not loose hope and work hard.

    Congratulations Dinesh! I feel very happy for you.

    Could you take some time out and let us know about your H1B delay in India?

    Thanks





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  • gc4me
    04-16 12:10 PM
    Unexpected big jump for EB3 ROW. But I will take it. :D

    EB3:
    it was moved with 1 (one) year from AUG-01-2002 to AUG-01 2003 - was it? Or they just entered wrongly???



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  • psaxena
    05-29 08:00 PM
    Guys go to this website and sign up and vote yes for this bill.

    http://www.opencongress.org/bill/111-s1085/show





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  • ajju
    02-12 08:11 PM
    He is ***ing desi employer and is counting on me as if he has to take some personal revenge..please kindly suggest all available options..?

    Can i file my taxes thru HR block on basis of his paystubs(and checks) and bank statements?

    IRS has a form to file if your W2 is missing... And you need to file taxes based on your best guess and last paystub with this bad employer... I had similar situation in 2000 and was very confused.. So I can understand your situation... And you need to paperfile.. cannot efile.. you can do on your own or thru any tax consultant... Its simple... These Desi employers won't give W2 to you and to IRS they'll tell they've mailed... So no one can harm them thisway... Only your case with DOL may bear some fruit... Feel free to PM me if need any advice...

    You'll need to call IRS and report this.. then only they'll mail the form.. Its available on IRS website.. but better call them asap... and tell them you've sent a letter to your employer on Feb 1st about missing W2.. but he's not sending...



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  • wrldnw4me
    03-21 12:30 PM
    Hi, I live in Colorado Springs, let me know if i can do anything

    Thanks





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  • Sheila Danzig
    02-25 09:21 PM
    I changed it to clarify. The answer is YES, we have had 100% approvals for CA=MA, but we have done relatively few. This is based on Indian documentation that CA=PGD. However the stronger evidence points to CA=BA. As you can see someone on this board got an approval for our evaluation for a CA=MA with a professor's expert letter. The professor's letters are not cheap but effective.



    Sheila -

    I noticed that you edited post (Re:CA) after my post suggesteing CA is equivalent to Bachelor's program.

    Your original post on 12/12/2008


    Your post after editing on 02/23/2009


    It seems that you have changed position after my posting.

    Have a good day!



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  • gcnotfiledyet
    03-26 03:53 PM
    What does it tell you when you reach a situation where the laws and policies within individual US states start bearing resemblance to those used by medieval monarchies.

    It tells me to get the hell out of here and go back home. Pay Rs. 200 to that guy sitting outside dmv in India and get permit to drive. There is a limit to greed. If it becomes too inconvenient then I will be first one to leave this hellhole. I came here to live convenient life. If things here are inconvenient as compared to India then whats the point. You just get one life and you want to spend it struggling to get your right to drive? I sometimes don't understand myself for what am I doing here.





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  • whitetiger0811
    01-07 05:47 PM
    Hi,

    I have a three year bachelor degree + MBA from India with 9 years of experience. My labor was filed requiring Masters degree + 3 year experience with no mention of bachelors degree. Last week, I received I-140 decline (I-140 filed under EB2) citing that my bachelors degree is only three years.

    My company is planning to file an MTR with appeal citing 1) My labor only required Masters degree with three years experience and that I have the Masters degree with three years 2) I have bachelors degree equivalent with 3 year bachelors degree and 2 year experience equated to 1 year education equating to US 4 year bachelors degree.

    Do you think my appeal would have a chance of success? Please let me know your opinion. I have to file an appeal in next few days. Thanks for your help.
    hello,

    my qualification is 10 + 12 + 3 BSc Physics + 3 MCA. My LC clearly states that a Master's is required.

    does this qualify for a US Master's? please note the fields are different.

    My i-140 has been denied and waiting for notice...mostly it education and i filed under EB2 in TSC...

    any input guys?????



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  • Horace Jones
    08-02 09:37 AM
    The backlog of visa applications is a significant issue. It has been written about previously, and the USCIS has faced a good deal of criticism over it. Here is one piece of such criticism: Migration Information Source - USCIS Faces Criticism over Visa Backlog (http://www.migrationinformation.org/USfocus/display.cfm?id=665)





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  • GCInThisLife
    07-19 12:52 PM
    The company filed for her H1B COS which was approved with new I-94. Lot of people with consulting firms especially spouses would be in similar situation and while following the forums, I haven't heard many denials with this reason i.e., joining the employer a little later for H1B approval.

    So what are the chances of getting a RFE or denial? Since we already filed for 485, I am not sure if there is anything we can do.



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  • asdcrajnet
    07-17 10:59 AM
    California
    ----------
    I-90 Application to Replace Permanent Resident Card Initial issuance or replacement July 11, 2006
    I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 March 26, 2007
    I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Visa to be issued abroad May 15, 2007
    I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Change of status in the U.S. May 15, 2007
    I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Extension of stay in the U.S. May 15, 2007
    I-129 Petition for A Nonimmigrant Worker H-2A - Temporary workers June 30, 2007
    I-129 Petition for A Nonimmigrant Worker H-2B - Other temporary workers June 15, 2007
    I-129 Petition for A Nonimmigrant Worker H-3 - Temporary trainees May 15, 2007
    I-129 Petition for A Nonimmigrant Worker E - Treaty traders and investors May 15, 2007
    I-129 Petition for A Nonimmigrant Worker L - Intracompany transfers June 15, 2007
    I-129 Petition for A Nonimmigrant Worker Blanket L May 15, 2007
    I-129 Petition for A Nonimmigrant Worker O - Extraordinary ability May 15, 2007
    I-129 Petition for A Nonimmigrant Worker P - Athletes, artists, and entertainers May 15, 2007
    I-129 Petition for A Nonimmigrant Worker Q - Cultural exchange visitors and exchange visitors participating in the Irish Peace process May 15, 2007
    I-129 Petition for A Nonimmigrant Worker R - Religious occupation May 15, 2007
    I-129 Petition for A Nonimmigrant Worker TN - North American Free Trade Agreement (NAFTA) professional May 15, 2007
    I-129F Petition for Alien Fiance(e) K-1/K-2 - Not yet married - fiance and/or dependent child January 13, 2007
    I-130 Petition for Alien Relative U.S. citizen filing for a spouse, parent, or child under 21 December 31, 2006
    I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 January 17, 2003
    I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 April 30, 2001
    I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister April 30, 2001
    I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 January 01, 2005
    I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 February 07, 2005
    I-131 Application for Travel Document All other applicants for advance parole April 09, 2007
    I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal Readmission after deportation or removal January 13, 2007
    I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants September 28, 2005
    I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications January 13, 2007
    I-526 Immigrant Petition By Alien Entrepreneur For use by an entrepreneur who wishes to immigrate to the United States January 13, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents April 14, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Change status to the F or M academic or vocational student categories April 14, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category April 14, 2007
    I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications April 14, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents April 14, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students April 14, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors April 14, 2007
    I-539 Application to Extend/Change Nonimmigrant Status All other extension applications April 14, 2007
    I-612 Application for Waiver of the Foreign Residence Requirement Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution December 03, 2006
    I-751 Petition to Remove the Conditions on Residence Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents January 13, 2007
    I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] April 28, 2007
    I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] June 16, 2007
    I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] April 28, 2007
    I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] April 28, 2007
    I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] April 28, 2007
    I-765 Application for Employment Authorization All other applications for employment authorization April 28, 2007
    I-817 Application for Family Unity Benefits Voluntary departure under the family unity program January 13, 2007
    I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition January 13, 2007
    I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) January 13, 2007
    I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 September 10, 1997





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  • nrk
    10-26 08:31 PM
    My online status shows

    On September 26, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or contact our customer service center at 1-800-375-5283.



    This is very strange. However, I would like to know the reason that prompted you to inquire about your case status. What was the status that was showing on-line? Is it "application received and pending", the same usual statement?



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  • ronhira
    07-21 10:33 PM
    I knew the call was a BS. I don't want to waste my prepaid calling card. Real job ads are hard to come by these days, and H1b job ads
    don't exist any more.:D

    very smart??? asshole stfu, u guys talked everything u wanted and left the call satisfied and victorious. in reality, the call was cheap shit.... that's what it was worth.....





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  • ajm
    01-28 03:55 PM
    letter sent to WH and IV.





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  • GCapplicant
    07-07 06:17 PM
    Its now airing channel 4





    abracadabra102
    01-27 10:48 AM
    Better still, send your prospective employer link to this thread and ask him if he is willing to sign an "at will" employment contract:D





    MDix
    02-12 12:49 PM
    Some hopes.........

    http://immigration-information.com/forums/showthread.php?t=7168&page=2

    Thanks
    MDix



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