Sunday, June 12, 2011

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  • sabudanawada
    02-27 03:20 PM
    once EB3 Row gets current, some relief can be expected for the retrogressed countires where unused visas can be assigned...
    before 2007, lot of labor substitution cases are in picture, also people with multiple LC's too...
    the actual no. will be smaller...it just depends on how proactively they will manage to capture the unused numbers etc..that will matter the most.

    About 25,000 PERM labors were approved in 2007 for Indian nationals. Assuming a 2.5:1 ratio of 'GC filed:Labor approved', implies that each year 62,500 GC are demanded by Indians under EB. Since only 10,000 are available (across all EB classes), this implies each year a backlog of 50,000 cases is created for Indians.

    Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.

    Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).

    As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....

    Comments on the analysis.........?




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  • sj2273
    01-30 11:41 AM
    Emailed Detroit News and Free Press
    and NPR(Miradio.org)




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  • digmetalq
    04-23 03:04 AM
    The damage is already done, so now why would they care about any immigration laws, legal or illegal, I pray everyday, for that one day all the xenophobics jumping the fence, because the way I see it no ILLEGAL drugs will be available unles you live in Detroit , the supply and demand will cause them to start a new visa program, which the xenophobics will support overwhelmingly.




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  • anindya1234
    06-01 02:27 PM
    You guys might want to check out my online petition:

    http://www.petitiononline.com/legalimm/petition.html



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  • anindya1234
    07-17 10:13 PM
    Need some views on this




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  • frostrated
    10-26 01:41 PM
    Is there is any way can we see the data.
    is this what you are asking for?

    http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf



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  • gc_bucs
    05-29 09:11 AM
    I recently got back from India and got my stamping done in New Delhi instead of Chennai. I tried taking the emergency quota option in Chennai and was not successful. I got fed up with the system and opted for New Delhi and the stamping process went without a hitch.

    One thing I would suggest is to take all your previous H1 original docs as the consular asked me for mine to make sure I was always in status.

    Good luck

    As per http://www.murthyindia.com/content/em_appt.html if you're working in the US and are returning back to work, you can qualify for emergency quota. Is this a viable option? My travel dates in Aug / Sep / Oct are not confirmed yet and so I am planning to take an emergency appointment only.




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  • nozerd
    11-15 12:02 PM
    Have you tried to get an appointment in Calgary, Halifax or Quebec City. These 3 places are normally the easiest to get visa appt.

    Also answer depends on number of questions.

    1) What is your current nationality

    2) Do you have expired H1 B stamp in your passport ?



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  • satyasaich
    09-23 06:29 AM
    Well instead of going back after H1 expires, the people can chose to be illegals. Then their Kids will get GC under the DREAM ACT.:D
    though hilariously said, you have a point indeed.




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  • arrarrgee
    07-13 11:57 AM
    my question too...why not wait till the announcement? :confused:

    kinda confused here..
    why do we need the rally.. if there is going to be some new that will resolve the issues?
    If its going to leave some issues unresolved.. the we need this.
    Go IV!!



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  • GoneSouth
    07-17 03:51 PM
    So do I actually have to be in the US to mail in the AOS forms (I-485s)? I've been a legal US resident for years on an H1-B, and have been fortunate to have never had out-of-status issues or anything like that. BUT, as it happens, I'm up in Canada on vacation at the moment, planning to return next week. I've never had to get a visa stamp or surrender I-94 or any of that stuf.

    Do I need to actually be back in the US before lawyer sends in AOS forms ? Or is it sufficient that I'm a resident and will be back in the US once the AOS is processed.

    - GS




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  • sieger007
    05-17 11:20 PM
    Hey
    Thanks for responding to my question.Many thanks
    Here is the Sequence of events :
    Joined company 1
    <>Labor filed in Nov 2005 under EB2 and approved
    <>-I-140 Approved somewhere Aug 06
    <> I then left Company 1 and joined a multi national IT Giant in India - Infosy. Joined Info - Jan 07 in India . BUT I was in good terms with Company 1
    <>Came back to USA , as Infosys Employee around Sep 07 on B1 visa from India for 3 months . Went back to India.
    <>Rejoined Company 1 ( my Original Company ) in Jan 08 ( Petition approved) . Got visa stamp around June 08 and entered US. Got Project Aug 08 and since then on project till date.
    <> While on project Aug 08 I apply for I485 as my category EB2 became current. Got my FP done.
    Then Around Nov 08 I got EAD and AP papers. So I have an EAD and AP

    My Q's are
    <> I heard that EB2 is retrogressing to 2000 for India . Now does not apply to folks whose LC and I140 Is approved or only for those who are stuck up at I140 Stage.
    Please clarify on this. If I am in a stage where I am expecting my GC and already for EAD does it apply to me
    <> What is a VISA Number. There is an A# Number on MY EAD and that same number shows up on AP Document ( I512-L Authorization for parole ) . Is this the same as an Immigrant Visa # or that is something that issues when I am granted my GC.
    <> 6 months have passed since I got my EAD. If I join a new Employer and start using this EAD , can I renew it infinitely, till I get GC . What if My Visa is Not valid and I travel out of US to India solely on EAD? What happens then ? is there a chance that at port of entry my entry is denied based on my immigrant future intentions? I know on paper EAD gives you right to travel BUT is this a genuine risk of not being allowed at PO Entry
    <> On the other hand - lets say I KEEP my EAD and not use it at all till my H1 expires . Then ,CAN I STILL BY ON H1 AND KEEP RENEWING MY EAD OR SINCE I NEVER USED IT IN PAST , IT IS MIGHT REJECT FOR RENEWAL.

    I just dont know know with all this EB2 retrogression what is the best plan of action.
    MANY Thanks Again
    Sam



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  • WillIBLucky
    12-22 01:18 PM
    If you read clearly then it says that you can keep the PD in your new employer GC process. You may loose that opportunity only if there was a fraud in the previous I140 and USICS revokes that I140.

    once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.

    So if your current I140 is clean then you will be able to use the PD in your next application for GC with the new employer.
    GC_2007,

    When we change employer i think we can't keep the Priority date
    Its been clearly stated bolded when you change employer you will lose your 1-140 PD....any thoughts or am i misreading it.

    once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
    the section on successorship of interest).



    (A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien’s priority date is established by the filing of the labor certification, once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
    the section on successorship of interest).




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  • aph0025
    11-12 01:13 PM
    sure. i will PM you.
    I got it, thanks a ton.
    Also, can you please let me know whose pay stub you submitted to get your case closed? Was it the one from your previous employer, or the one you got your visa transferred to?



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  • chi_shark
    07-24 03:49 PM
    so, we are not out of the woods yet? its just that they (USCIS) can now say that they have gone through x number of apps... i wish they clarified this really well...
    but thanks for answering the really important question!

    Sanjay:

    Most likely you will not have to do anything further and your application will be approved when the Visa Bulletin reaches your priority date. However it will depend on how long it is before that date is reached. you may have to be fingerprinted again, as the fingerprint checks are only valid for 18 months. Also, if the wait is long enough, USCIS may want you to go for another interview to make sure you are still eligible.




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  • desitechie
    01-08 07:46 PM
    My friend while leaving US he did not surrender the I-94 card. Actually he forgot it at home and the airlines allowed him to board plane without surrendering I-94. What should he do now? Guru's does any one have any experience with such situation? Please help


    He needs to send it to the USCIS office in kentucky. you can google and get the address.



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  • gc_check
    04-12 03:32 PM
    Two Days Left for Submission of Comments to DOL on Substitution Elimination Proposed Rule....

    IV Members, what do you folks think?

    I suggest elimination of labour substitution is good for many of us and also help avoid people getting into the GC line in front of many people waiting for years, Many companies and attorney's suggest the labour substituion must be allowed, but I think the opposite... Any comments on this




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  • keerthisagar
    01-06 09:26 AM
    75% of us in this forum do not qualify for the legislation being proposed here!




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  • Kitiara
    05-27 10:25 AM
    Consider it a back handed compliment. :)




    chanvizgran
    03-05 08:50 PM
    My wife got RFE on her pending 485 case. But that document is gone to old address. Some how address didn't get updated on my wife's file. Now problem is we r plannng to goto india on mar 13th and she is returning back in jun. Can i ask USCIS to send it agian that document and how many days they will give for reply back. Please advice.




    santa123
    08-15 07:21 AM
    Welcome back vdlrao...
    what does the SEP VB indicate to you?
    you had predicted that there will be a mild retro and does the fwd movement indicate better days ahead?

    We IVians look fwd to your analysis and insight. Thanks!



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