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  • refiling 485
    07-18 10:51 PM
    Hi gkdgopi

    Did you call texas office regarding July 2nd application? I have filed my application in texas office and they have recieved it on July 2nd.

    Thanks





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  • JalwaeJana
    11-10 10:00 PM
    I agree this is the easiest thing that can be done with out any lobbying effort. Let me know what number to call





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  • rpuja
    07-28 04:08 PM
    please let me know how to close the thread. I do not want divide IV.





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  • gimme_GC2006
    05-15 09:58 AM
    I am doing Kelley Direct and would definitely recommend it. The Professors are great and course work feels like your regular full-time load with assignments, quizzes, mid-terms and finals, project works, case discussions and some weekly classes. Most of the professors are very interactive and you can always call them. The teaching faculty is top-quality with some of them having Ph.d's from MIT's and Stanford's. Marketing is considered top-notch at Kelley. Curriculum allows some flexibility and course load can be completed in 2 to 4 year period requiring 1week compulsory on-campus presence in 1st and 2nd year. If you have time, you can also participate in 3 to 4 week clinics for 1.5 credit hours in summers. It is now costing me around $975/credit hour with 48 credits required to graduate. Add to this cost of books at other administration/technology fee which might add upto $5k to $8k.

    I have couple of friends who graduated from Thunderbird too. It is top-notch for International Business but doesnot allow the flexibility to complete at your own pace. My friends were totally tied up with work and course-load for 2 years. It requires somewhere between 51 to 54 credit hours to graduate. It has two compulsory International workshop clinics each in 1st and 2nd year for a period of 3 to 4 weeks. This is partly paid from the fee, while you need to pay for flight tickets and meals. I think the books are included in the $57k+ tuition for this program.

    Kelley full-time is ranked between 18 and 23 depending on which source you would like to use. Its Marketing Discipline is in top10. Thunderbird is not ranked in TOP50 but it's INTERNATIONAL BUSINESS discipline is ranked number one.

    Thanks Phani!!.

    This is great information. I will do some research. How much GMAT score is required?
    Probably I will check on the site.

    Are you married and kids? You are doing online one right?



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  • andymajumder
    11-10 09:11 PM
    I am with you and willng to contribute, but unless we are united and willing to take some action here, there's no hope. Even people who get approved now, never come back to contibute a penny - there has to be some provision of visa recapture.





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  • meridiani.planum
    03-07 05:32 PM
    Until last year, it was important to announce a job change via AC21 to USCIS. This was because many sponsoring employers would revoke the 140 (even after 180 days) so that they could reuse the Labor for someone else.

    When that happened and there was no AC21 letter from the applicant, some IOs would deny the 485 even without a NOID. This would mean MTR and a lot of unnecessary work.

    This problem no longer exists as Labot substitution has been removed. The employer has no incentive to revoke the 140 and so the chances of goofup from USCIS has been lowered.

    Employer still has two incentives to revoke I-140:
    * outstanding I-140s get counted in ability-to-pay issues of future I-140s. Better to clear out older ones.
    * leaving an approved but unused I-140 is essentially leaving files open with USCIS as well as at your attorneys office. Expect the attorneys to revoke them (my own attorney of a big company asks the employer to close the files with USCIS by revoking the I-140). In addition to opened files, the attorneys get some fees atleast for doing this, so thats another motivation for them.



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  • reddymjm
    12-08 12:02 AM
    Nrc2008069509.





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  • GCHope2011
    07-02 01:18 AM
    To senators..



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  • brb2
    12-28 03:43 PM
    http://www.delta.com/planning_reservations/plan_flight/international_travel_information/visa_passport_information/index.jsp


    Visa requirements are based on country of passport holder in most cases.





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  • nixstor
    07-04 08:56 PM
    Excellent analysis but it does have flaws


    The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.


    We all understand this and what you are saying, But What is in law is more important than OB's recommendations. First of all the office of OB might not have recommended to pass on any name checks. It might have advised to some how expedite them. More over, I dont think that they take the annual report seriously. We know how many times DOS officials and USCIS officials testify before congress. Why don't they tell congress that in order to clear backlogs

    a) They need FBI to expedite name checks (they might have testified about this)
    b) They need to recapture visa numbers (AFAIK, they never did this because your case is not pending unless you filed for AOS/485. We are not a part of the back log)

    Their biggest problem now is if all of us file for 485, we will continue to be the back log for ever on the back of USCIS for ages to come unless recapture occurs. What ever be the number 200K or 700K, they simply dont want it.



    The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.

    I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.


    That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.

    Understood, if they can clear 60K cases in 18 days, I doubt they will have any issues clearing them in 90 days. It goes back to the point of us becoming the biggest hump on USCIS


    There is nothing wrong with DOS to make all categories “current” for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories “current” ie fresh guys entering into I-485 race. Because of “current” there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.

    For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.

    Therefore by making “current” for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.

    There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as “current” in June 13 and second is modifying VB only on July 2.

    I think we all agree that there was no need to make every category current given that we know how many will become eligible for 485 filing. How ever, The OB's office will be pretty pissed if they use him as the trump card. Also, I got the annual report from OB's office in email on Jun 12th 07. VB came out on 14th? What you are saying is USCIS has worked over night to analyze OB's report or they had access to OB's report 15-20 days ahead. Everything points to me that there was a lack of communication between the two agencies on an issue with huge stakes.

    My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.

    We need to do both as the success is not guaranteed in either situation. I do not know if AILF will win the law suit. On the other side, Senators like Kennedy who control immigration issues will not give a damn in the current situation. If the issue gets to a point where USCIS & DOS officials testify before congress, the root problem will be solved. If we just win the lawsuit and get in, USCIS is only going to sulk us for 10 years in the name of security check.In the end, We should be able to portray the whole situation as if USCIS has been put in a ugly predicament to utilize visa numbers under the arcane laws. Bashing DOS & USCIS left and right now is not of any use in the long run.



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  • vine93
    03-19 02:19 PM
    I sent you yesterday.





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  • langagadu
    06-01 09:47 PM
    Oh, Yeah. You think Mexican border needs to be handed over to army??? I agree to stop drug activities but don't generalize.

    Do you know who the hard working people are in this country???? Mexicans.... all other lazy asses wants to sit in air conditioning (yes, you are one of them).

    Sorry buddy, respect people.




    Exactly my thoughts too. How difficult is it to have a copy of your visa, passport and I-94 in each of your vehicles..!!
    If you are using EAD, even better, carry the darned EAD card in your pocket...
    I agree, they need to step this effort up and get these bloody illegals out. For years now, they have held the entire immigration system in a limbo.
    I am from a border state in India too. The entire border is fenced with 15 feet high razor wire fence and there are BSF personnel who watch it like a hawk. If anyone tries touching
    that fence, much less sneak in, they will shoot him between your eyes.

    The Mexican border needs to be handed over to the US army or the National Guard.



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  • unitednations
    12-21 10:52 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.

    I don't agree that a person hasn't violated status unless uscis io informs the person.

    If a person is here legally but not maintaining status (ie., unexpired I-94 card) but not adhering to the terms and conditions then the I-94 can be revoked by an IO in adjudication of immigration benefits or an immigration judge. This would mainly happen if a person is trying to extend h-1b or change employer and there existing i-94 card is still valid but immigration officer determines person wasn't maintaining status. They will not only deny the I-94 card in the new petition but they can also revoke the existing i-94 card. They very, very rarely do this.





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  • ashkam
    07-28 12:31 PM
    Pray, how is displaying Ganesha on a beer bottle akin to opposing Hinduism?

    And if that's so, isn't having a beer genre called "India Pale Ale" akin to opposing Indians?

    Getting offended has turned into a national pastime. Get a hobby instead, will you?



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  • my2239
    06-11 08:38 AM
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  • gvenkat
    10-16 10:50 AM
    At the risk of getting red dots. let me give my two cents. All the flower campaign and protests worked when USCIS did a screw up, this time around it's not USCIS thats screwing up it's the DOS that allocates the # of visas.

    No point sending USCIS flowers. And honestly. Everyone except India EB3 and China EB3 are in good shap they will get their GC's within 5 years which is not a bad wait. Chinese people are not like Indians they come here and hardly go back to their home country so they dont care. It's only India EB3 that is significantly affected and in this uncertain times no one cares about a small chunk of India EB3 and That is the Fact.

    And it's preposturous to think that DOS and USCIS are not aware of this. They are very well aware of this and they dont give a damn about us. I know certain people will come here shouting what did u do for that cause.. U can make calls write letters but INDIA EB3 is not the priority for anyone right now. we are the least in the chain.

    Whoever has approved 140 can bite the bullet and switch jobs if they want to.. The best one can hope for is things could become different with the economy going up and a change of government.

    Until then enjoy what u have and have fun.. :D:D



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  • desi3933
    01-31 05:51 PM
    Thanks a lot Desi3933. I dont have words to thank you...

    Another question - Once she gets on EAD does she have to get paid for 'x' number of period (Say 15 day or a month0 on EAD? And then when she re-enters on h1b (Nov 15 2009) then she will get paid from Nov 15 - Dec 31, so for year 2009 she will just have Jan month and 15 Nov till Dec 31 2009 on w-2. Is that fine since all the other time she was on EAD or out of country.

    That would be absolutely fine.
    Also, she will be maintaining H1 status. That is always good to have when I-485 application is pending.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • kumar1
    12-12 01:46 PM
    addsf345, you are attacking people. Grow up and quit doing that. Attack my views if you want to attack. No one has answered my question yet - If we are so "highly skilled", why no one is listening to us in this country. Kavita, I do not know about your field but in my field, IT, I see so many people, wanting to live in this country at any cost. They would work for any salary, they are OK to get relocated 6 times in a year, they would put up with any BS imposed by desi employers, but they would never go back. Now, I do not think they are "required" here. They are fighting to survive here. Again, nothing wrong in fighting to survive but to say that I am "required" here is a bit far from reality. If they (so called required population fighting for green card) leave tomorrow, nothing will change.

    America wants us as a temporary worker, with emphasis on the word temporary. America has no incentive to give us Green Cards. You work for 6 years, pay social security and Medicare and then pack up your bag and go back. Thank you very much, we appreciate your business. Don't you see it written on the wall? Especially those who are in EB3-I category? I can see it!

    Is country quota in EB category justified? Hell No. But you know what - if you remove that then entire EB system would be high jacked by Indians, just like they have high jacked H1-B and L-1 visa category. So much so that IMHO H1-B visa has lost its sole purpose. It was designed to give American companies the ability to hire talented people from other countries. It wasn't designed for Desi employers to hire desi consultants and then make those desi consultants run coast to coast looking for projects. Infosys and Satyam can open up shops on US soil and can call themselves American companies but you and I both know the fact, how American those companies are! So, being in EB3-I category, and after living here for almost 8 years on temporary visa, I can feel the pain, but in some part we are also responsible for this mess.

    Once again, only grown ups are requested to reply. Thank you.


    Kavita,

    There are some ppl who will never wakeup, always think themselves as baggers. They do not know what they can achieve if they are united and if they have some willpower & brain. East-Indian-americans are not even 0.5% of the total US population and are among some of the highly successful ethnic groups.

    Banks got bailout as they made noise, so are the auto companies. We have many fools who are still in denials even after such a big injustice (unfair country quota for EB category), they just hide behind their false explanations & stupid theory and never even think that asking for or fighting against injustice. This is called escapism.





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  • rangaGCPlease
    07-18 11:52 PM
    Hi, I see that several June 1st filers who mailed on 31st may have received RD's. So same logic should apply for July 2nd filers who mailed on 30th june. I dont see any difference between the two scenarios. Any rejected july 2nd applns should have already reached, unless they are lost in return mail :(. Otherwise the scenario is exactly identical to June 1st filers.





    leoindiano
    03-17 10:18 AM
    Porting cases needs more research and with USCIS performance, you can say that it may have little impact on 2004 cases. The substitution cases filed in July are of 2005 and after cases. 2003 and 2004 cases all substituted before and i believe that is what created this mess for you and me.





    go_gc_way
    12-11 03:34 PM
    First someone from IV core has to confirm that this rule change does not need congress action. I am sure the core has explored this option before.

    Until then, there is no point in having any discussion on this.

    I second all , who want to contact USCIS for this. We can take out this from our wish list for a bill.



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