
bfadlia
02-03 12:37 PM
Guys,
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...
Didn't we have these discussions over and over before? and the admins telling us to stop because IV goals are set and will not change?
If you just want to argue and waste time, lookup previous threads discussing this and you'll have enough reading material for weeks to come.
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...
Didn't we have these discussions over and over before? and the admins telling us to stop because IV goals are set and will not change?
If you just want to argue and waste time, lookup previous threads discussing this and you'll have enough reading material for weeks to come.
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satishku_2000
08-15 04:30 PM
What do EB cutoff dates in Sept VB mean? All eligible for filing AOS did in July/Aug. Does it mean that USCIS will be giving visa (approving GC) to those within the new cutoff dates?
Some people from BEC are still waiting for their labor approvals , Some of those people should be able to file for 140/485 if their PDs fall in the cut off dates . Hope USCIS will exhaust the numbers in this year by approving 485s for eligible people .
Some people from BEC are still waiting for their labor approvals , Some of those people should be able to file for 140/485 if their PDs fall in the cut off dates . Hope USCIS will exhaust the numbers in this year by approving 485s for eligible people .

logiclife
08-03 02:30 PM
Copying from the reply I posted here:
http://immigrationvoice.org/forum/showthread.php?p=133404#post133404
I consulted a high profile ($200 per 15 minutes) lawyer to discuss this issue. 1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got today.
Thanks
If you are resubmmitting or planning to resubmit, one tip...you need medical originals again, so call your doctor and ask him to create new sealed envelopes with original I-693...do this ahead of time coz this is only thing not in your control when filing a second 485. I am sure you might have thought about this, but just in case if you havent, then remember you will need I-693 original with your and doctor's signature with other stuff in sealed envelopes again.
Wish you all the luck Abhijit.
http://immigrationvoice.org/forum/showthread.php?p=133404#post133404
I consulted a high profile ($200 per 15 minutes) lawyer to discuss this issue. 1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got today.
Thanks
If you are resubmmitting or planning to resubmit, one tip...you need medical originals again, so call your doctor and ask him to create new sealed envelopes with original I-693...do this ahead of time coz this is only thing not in your control when filing a second 485. I am sure you might have thought about this, but just in case if you havent, then remember you will need I-693 original with your and doctor's signature with other stuff in sealed envelopes again.
Wish you all the luck Abhijit.
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hsm2007
09-23 10:03 AM
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.
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.
more...

dummgelauft
08-21 11:33 AM
Uscis has done nothing wrong.
This person who posted the new thread seems to have come in to the country without even a passport. How is that legal?
How in the world can we expect Uscis to overlook all that? Don't criticize uscis for doing their job right (for once) :)
Canadians DO NOT need a passport, even now, to enter US for PLEASURE (visiting friends, vacation etc.).
HOWEVER, they do need visa to (which means a passport) to (1) Study (2) Work (3) Start a business etc in US.
If this person was a Canadian, and had a US citizen fiancee, it should have been a simple case of gettng a K1 fiancee visa and coming to US. Getting any kind of US visa is really very simple and quick for a Canadian citizen
This person who posted the new thread seems to have come in to the country without even a passport. How is that legal?
How in the world can we expect Uscis to overlook all that? Don't criticize uscis for doing their job right (for once) :)
Canadians DO NOT need a passport, even now, to enter US for PLEASURE (visiting friends, vacation etc.).
HOWEVER, they do need visa to (which means a passport) to (1) Study (2) Work (3) Start a business etc in US.
If this person was a Canadian, and had a US citizen fiancee, it should have been a simple case of gettng a K1 fiancee visa and coming to US. Getting any kind of US visa is really very simple and quick for a Canadian citizen
snathan
03-10 03:44 PM
I disagree that this is not the right time for visa recapturing. It will be never be the right time.
Do you think the efforts like sending 1000 pizzas etc would not draw negative publicity. Think again.
What we are asking is to recapture the unused visa numbers. In this climate of high unemployment rate, I do not think there is any other legislation that would draw less negative publicity.
It is to be strongly publicized and understood that these recapturing unused visa numbers are only going to help the non-immigrants who are already employed and who are on the path to seek permanent resident status. This is NOT creating new H1B visas NOR giving away the jobs to the non-immigrants.
I never supported the Idea of sending pizza, Burger or Briyani to anyone. If you are not aware, last year there was a bill introduced by congresswoman Loe. There was a huge outcry and number USA used that very effectively and that bill never took off.
This is the best option but this is not the right time when the un employment rate is 8.1 percent. Read the other thread about removing country cap issue. The core is not supporting that also because of the current market and economy situation.
Do you think the efforts like sending 1000 pizzas etc would not draw negative publicity. Think again.
What we are asking is to recapture the unused visa numbers. In this climate of high unemployment rate, I do not think there is any other legislation that would draw less negative publicity.
It is to be strongly publicized and understood that these recapturing unused visa numbers are only going to help the non-immigrants who are already employed and who are on the path to seek permanent resident status. This is NOT creating new H1B visas NOR giving away the jobs to the non-immigrants.
I never supported the Idea of sending pizza, Burger or Briyani to anyone. If you are not aware, last year there was a bill introduced by congresswoman Loe. There was a huge outcry and number USA used that very effectively and that bill never took off.
This is the best option but this is not the right time when the un employment rate is 8.1 percent. Read the other thread about removing country cap issue. The core is not supporting that also because of the current market and economy situation.
more...
svr_76
06-10 01:38 PM
@eastindia: I doubt if that 's required - "Basically a letter from employer". You definitely include your I-485 notice that shows that a AOS in pending.
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Hassan11
03-19 01:43 PM
pmb76,
that was not my statement. if you read my post, you will understand that I clearly was quoting Ron Gotcher. I even put a link to that message where I got that quote from his forum. so in the future, you can say maybe Ron wasn't right instead.
Your statement about 27% limit holding does not make sense ! As per the visa bulletin if numbers are not filled up in a particular category they will go to unsubscribed countries. Here is the excerpt from the April Visa bulletin:
D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.
that was not my statement. if you read my post, you will understand that I clearly was quoting Ron Gotcher. I even put a link to that message where I got that quote from his forum. so in the future, you can say maybe Ron wasn't right instead.
Your statement about 27% limit holding does not make sense ! As per the visa bulletin if numbers are not filled up in a particular category they will go to unsubscribed countries. Here is the excerpt from the April Visa bulletin:
D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.
more...
Green.Tech
03-03 04:43 PM
That is option # 2
No, it's not!
I know guys who are going to buy a houses shortly and are not worried about EAD/GC/any of the GC related stuff, and their PD's are in 2006, 2007.
No, it's not!
I know guys who are going to buy a houses shortly and are not worried about EAD/GC/any of the GC related stuff, and their PD's are in 2006, 2007.
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nomi
12-12 04:59 PM
All of the documents in this link are written by
"Micheal Aytes /s/,
Acting Associate Director, Domestic Operations
U.S. of Citizenship and Immigration Services
Department of Homeland Security"
I wonder if he is the person we should be talking to. Although the document does not indicate which city he works in. He should at leats be able to tell us who in USCIS makes these decisions if he is not the right person.
Also I was not able to find anything about not allowing concurrently to file 140/485 applications. Where was this information published? Does anyone know?
what about if we write a letter to USCIS and ask for some relief and all IV member fax that letter to USCIS same day. USICS will take notice about that many faxes same day and may be throw some light on this issue.
What do you guys think ??
"Micheal Aytes /s/,
Acting Associate Director, Domestic Operations
U.S. of Citizenship and Immigration Services
Department of Homeland Security"
I wonder if he is the person we should be talking to. Although the document does not indicate which city he works in. He should at leats be able to tell us who in USCIS makes these decisions if he is not the right person.
Also I was not able to find anything about not allowing concurrently to file 140/485 applications. Where was this information published? Does anyone know?
what about if we write a letter to USCIS and ask for some relief and all IV member fax that letter to USCIS same day. USICS will take notice about that many faxes same day and may be throw some light on this issue.
What do you guys think ??
more...

fcres
07-24 05:22 PM
I deleted my original post since you answered:-) thanks!
This brings up an interesting possibility for me. My first I-140 has been approved over email (awaiting physical receipt), although the Successor in Interest I-140 is pending.
Does the I-140 receipt always contain the A#? I will have to wait to see the physical receipt notice!
What i have heard is that the recent I140 approvals (2006/07) contains A#.
This brings up an interesting possibility for me. My first I-140 has been approved over email (awaiting physical receipt), although the Successor in Interest I-140 is pending.
Does the I-140 receipt always contain the A#? I will have to wait to see the physical receipt notice!
What i have heard is that the recent I140 approvals (2006/07) contains A#.
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alex99
07-07 06:02 PM
What is your EB3-India PD (I-485 either pending, or not yet filed)
more...
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new_horizon
10-21 12:03 AM
reasoning with you. I can easily refute all your claims, and also prove my point. but I think it'll be a waste of my time. 'coz I am not trying to convert anybody to vote for the repubs. just can't help it, never heard anybody hiring a CEO just because he has experience organizing the company picnic :D . peace.
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kaisersose
02-21 04:19 PM
Thats true. There will be supply of more 485s to the pool but that will be from EB1 and EB2 row which are always current. I guess you could reduce the 140k/year based on those numbers but since these cats are always current does it suggest there is not much demand?
Yes. Current means Supply is more than Demand.
Yes. Current means Supply is more than Demand.
more...
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gc28262
06-11 08:49 AM
I know at least one person ( US citizen) who decided to be on unemployment benefits rather than working even though he can find at least 2 jobs. He says it is better to be on unemployment benefit rather than working for the same amount of money.
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alex99
10-12 02:19 PM
Here are the EB2 Poll Links:
http://immigrationvoice.org/forum/showthread.php?t=6266
http://immigrationvoice.org/forum/showthread.php?t=6128
http://immigrationvoice.org/forum/showthread.php?t=6266
http://immigrationvoice.org/forum/showthread.php?t=6128
more...
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bodhi_tree
06-06 02:40 PM
My 485 packet went to Nebraska from where it was transferred to Texas. My I140 was approved from Texas too.
===========
Was your I485 Approval from Neb or Texas ?
===========
Was your I485 Approval from Neb or Texas ?
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richi121175
01-17 02:19 PM
I tried to send you something in a private msg but your quota is fullShameless creatures, not even a single guy came and blasted me out for such comments ..! This means that I am telling the truth. You guys don't even have any self dignity left to come and face off with me.
:mad: :mad:
:mad: :mad:
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REEF�
02-13 06:03 PM
How interesting is a train station? It's probably just me but I can't get any other image of a 3D model in my mind other than a train...
*punches self*
*punches self*
AllVNeedGcPc
08-11 03:18 PM
Count me in...
...I will donate minimum $100 for the cause.
...I will donate minimum $100 for the cause.
prioritydate
12-20 08:42 PM
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.
Well, I moved a lot since 2001 and I don't know if the IO sent any documents to my previous address. Yes, I have unexpired H1B visa till Oct 2002(I-94 valid until Oct, 2002). In Apr, 2005, I went to Canada for stamping of my new H1B. I again made an appointment in Jan, 2008.
Well, I moved a lot since 2001 and I don't know if the IO sent any documents to my previous address. Yes, I have unexpired H1B visa till Oct 2002(I-94 valid until Oct, 2002). In Apr, 2005, I went to Canada for stamping of my new H1B. I again made an appointment in Jan, 2008.
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