Thursday, June 9, 2011

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  • shankar_thanu
    07-30 08:03 PM
    Yes, EAD is bassed on the 485 you had filed. But it is very very risky to use the EAD even before I 140 is approved, since if by chance it is not approved or some very difficult query comes, and 140 doesnot get approved, you lose your H1 or L1 or whatever current status you are currently in, if you had begun using EAD(since the 485 is based on future approvablity of the 140 and once 140 gets denied, the 485 and EAD automaticaly gets denied)



    What exactly does it mean when you say "Use the EAD"? My H1 is valid for next 3 yrs and i dont want to use the EAD (hopefully I'll get it), how do I make sure I dont use the EAD. Does it cause confusion in port of entry when you have both a vlid H1 stamping and EAd and AP?


    thanks.




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  • GCOP
    11-08 03:23 PM
    The main reason for EB-3 Problem is LIFE ACT (245i act of year 2000) which allowed approximately 345,000 people to file for Adjustment of Status (Green cards). There was no separate quota approved by congress for these applicants, which resulted in using the regular quota ( limited 3000 + numbers of EB-3 India) since year 2001 to 2008...... and still in progress.
    As per the DOS data, Total of 111,876 EB immigrant visas have been issued to EB-3 (India) from year 2001 to 2008, BUT EB-3 (India) Priority Date is still in year April 2001 (as most of these visa numbers were/ are being issued to 245i applicants and their relatives at US Consulates abroad.
    We have no problem with 245i applicants or their relatives BUT those visa numbers should not be counted against the EB Visa quota.




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  • psaxena
    06-29 01:53 PM
    What are your skillset.. PM me immeditely that.

    I am not a recruiter but got a few contacts and may be of some help.


    Hi,
    I have been out of client project after May 15th 2009. I work for a major Consulting company and have been on Bench since then. Got laid off on June 22nd 2009 due to lack of work in these tough times. For the past 5 weeks, I have tried to find a project through various job sites and could not succeed to get even one client interview due to various reasons. One major reason being Billing Rate, which was not fine with my previous employer.

    I am aware that my current stay is not legal anymore and have to wind up things here and leave US at the earliest. I would be getting my last paycheck till this week(June 26th 2009).
    Not sure how much more time it will take for me to get a job. Can anyone advise how long can I stay here to find a project/job(if lucky to get one soon) and be able to transfer my H1 without any issues.

    Please advise as I am in dilemma to stay in USA and try for 1 more month or go back to India at the earliest to find a job there, though the situation is bad there too.




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  • eb3_nepa
    08-13 09:41 AM
    You are right, this does not belong here either. No information other than EMPLOYMENT BASED LEGAL IMMIGRATION belongs here. End of discussion



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  • gsc999
    09-05 06:13 PM
    Does anybody know if Egyptians also have a backlog. Does that also mean that an egyptian with a later priority date can be accepted before an Indian because of the quotas. We need a change in the immigration system. I filed my I-485 in July w no receipt yet. Does that mean I can also expect a long wait.

    Kaifa Hailaikum magician7989, Anna Kulyam Arby :-) shwaya shwaya. Mafeesh Mushaikil.

    As Franklin, rightly points out EB3 ROW has been retrogressed for many years and there is a high probability of that being the case for October visa bulletin.

    Also, even after applying for I-485, people get stuck in FBI name check for years. Per the latest USCIS Ombudsman report and follow-up information, there are more than 200K people stuck in FBI name check alone.

    So please don't take things for granted once you are able to file for I-485. Make us stronger and make your chances of securing a GC sooner by joining IV and asking lawmakers to reform the immigration system for law abiding legal immigrants. Come to the rally in DC, if you can't afford the ticket let me know. I promise to share some anecdotes about my stay in Egypt, Amr Diab music etc with you. My favorite was "Noor El Ain" Probably you would be able to fill me in with some newer hits.




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  • vallabhu
    09-10 10:04 AM
    Currently on H1B 8th year extension which will expire on 25th June, 2009.

    Labor PD: 9th August, 2004
    Labor cleared: 11th September, 2007.
    I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
    Can’t file for I-485 since the EB3 date for India is unavailable.

    There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.

    Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?

    In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?

    What are my other options not to go out of status or leave the country?

    To my knowledge you do not need have Labor pending from the same company you apply for H1 extension we did the same thing for on of my colleague here he had labor pending form his previous company and we hired him in his 7th year extension with no issues

    So find a new job apply for H1 do premium show this pending labor and pending I140 as basis for H1 extension and transfer

    an then apply for new perm and if your existing company is willing the share copy of your I140 if it is approved you can carry over the priority date too.

    if they revoke I140 nothing can be done even you H1 extension will be in jeopardy it will totally depend on the adjudicator's understanding of the law to process your application



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  • axp817
    07-22 08:05 AM
    NSC has an interesting way of working. Oct 06 cases are pending and they are approving Dec 06 cases.... never think of predicting what govt is (in)capable of :D

    Look at Sayantan's signature, he is EB-1, not EB-2. EB-1 I-140 cases at the NSC, are a bit ahead of EB-2.




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  • Hopeful123
    08-14 08:56 AM
    Update: My case was approved today. I-140 , EB3 India PD - 03/24/2005, USCIS Recd: 05/25/2007 at NSC. Transferred to TSC in Aprl'08. Approval email: 08/14/08.

    Good luck to the rest who r in the same boat.

    Cheers!



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  • supers789
    06-19 09:04 PM
    I have EB2 i-140 approved with PD Dec. 05. I am planning to change the employer.. was just waiting to see if CIR gonna help.. but looks like its not. If I change job now, I will have to do labor, i140 once again!! might be able to maintain PD. .. my question is... I believe that in Octo. 06, new quota for GC will be available. What are the guesses that the PD will become current (at least for Eb2 India) in Octo 06?? Some educated guesses are highly appreciated.




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  • fromnaija
    03-02 11:47 AM
    The irony in the current schizophrenic EB immigration policy is that, it is ironically the more talented, qualified and marketable and entrepreneural talent that is more likely to look at US immigration policy and call it a day. It is conversely the mediocre talent that would be inclined to "stick it out" and deal with all the crap.
    Hmm, something surely to ponder for this country.

    Are you personally "sticking it out"? Does that make you a mediocre talent? Something to ponder about your post.



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  • lonedesi
    07-14 08:38 AM
    Very interesting facts about last year's GC allocation for EB category. Here is the top 15 countries that used up last years GC under this category. Surprised to see Korea in the top three...wonder what kind of employment professionals are coming from Korea.

    Philippines 23,733
    India 17,169
    Korea 10,886
    China, People's Republic 9,484
    Mexico 8,864
    United Kingdom 6,409
    Canada 6,382
    Brazil 5,553
    Ecuador 3,990
    Poland 3,710
    Colombia 3,242
    Pakistan 3,136
    Venezuela 2,308
    Peru 2,305
    Germany 2,197

    For people curious about the family based allocation, following is the top 15 countries that used up last years GC's

    Mexico 62,998
    Dominican Republic 17,563
    China, People's Republic 16,573
    Philippines 16,020
    India 14,525
    Vietnam 12,781
    Jamaica 6,218
    El Salvador 6,003
    Guyana 4,954
    Colombia 3,828
    Pakistan 3,777
    Haiti 3,624
    Bangladesh 3,384
    Ecuador 3,095
    Poland 3,051

    These & more interesting information can be found in the spread sheet posted by DHS on their website
    http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls




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  • vfx
    07-17 04:49 PM
    The July 2nd bulletin is withdrawn and the initial July bulletin holds



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  • saratswain
    11-05 04:08 PM
    Hi, I had a similar case and I could port it. My case was

    EB3 -> 06/2004
    EB2 -> 08/2006
    (Same employer, Texas center)

    Last year in August when EB2 PD for 2004 was current my attorney sent a letter to USCIS. She mentioned that we can only send the letter when EB2--6/2004 is current. I inquired about the letter with USCIS few times but to no avail. This year when the PD becomes current I opened an SR on Aug-18th,2009 and the case got approved on Sept-1st.


    I have an approved EB3 I140 ( PD 10/2002 ) and an approved EB2 I140 ( PD 04/2007 ) but my attorney has been having trouble getting the EB33 priority date on to EB2. My EB3 petition is with Texas Service Center. Both of my petitions are from same employer.

    Has anyone had any success with Texas Service Center for this kind of request recently?




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  • Lisap
    09-12 05:27 PM
    same situation...

    sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
    pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!

    Just hang in there you will have your receipts soon!!



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  • satyasrd
    05-19 07:37 AM
    Pappu/IV Seniors,

    This sounds totally outrageous ! I mean if the company is genuine and no one is on bench etc. what was the ground for deportation ? And what is this about intimidating the immigrant ? What can we do to bring these cases to light and ask for explanations ?

    Thanks.

    I fear a backlash as by now ewr would have made my company to be marked for secondary scrutiny. this is how the story unfolded

    CBP --who is your manager
    XYZ -- Mr ABC who is based in atlanta ..
    CBP. hmmm.. can i have his phone #

    CBP calls Mr ABC .. we r deporting XYZ hs papaers r not in order ..
    no call back # nothing ..

    meanwhile XYZ is asked to sign papers ..
    I know we can refuse but those people r so intimidating and I guess if you dont sign ICE agents come in and tell you that it could take months to send you back
    so poor xyz has no option but to sign and get a stamp on his passport that he is being deported


    Councilor access is a myth and so is trying to call and talk to the CBP officers
    and this is not a small body shop .. it has atleast 500 people working on various projects across US and those people were not on bench


    i can field any questions ...




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  • siravi
    01-10 10:23 PM
    ... if I am around at that time. Shall look forward to meeting and catching up!



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  • nat23
    07-08 03:44 PM
    Congressman foolish enough to say stuff like that could be Tom Tancredo.

    My bad it was Tom Tancredo.




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  • irock
    07-20 01:44 PM
    I applied I-140 in PP last week of June and got approved in 3 days. And got
    email approval notice in three days.
    But after one week only I got receipt and approval notice on the same day.

    My lawyer refused to file with email approval notice. This is the reason I missed
    to file my my 485 on June28th/29th.




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  • pappu
    12-23 12:37 AM
    REMINIDNG EVERYONE ABOUT THE MEETING THIS SUNDAY IN STAMFORD MALL..... PLEASE PM ME FOR THE CONTACT PHONE NUMBER ......
    Thanks Anurakt.
    Im bumping up your thread and hoping for many members to show up in your Tri-state chapter meeting.




    mrajatish
    06-18 05:55 PM
    Exactly the same as mine (except that I needed to copy whole passport)




    somegchuh
    07-16 02:41 PM
    NSC has an interesting way of working. Oct 06 cases are pending and they are approving Dec 06 cases.... never think of predicting what govt is (in)capable of :D



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