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  • Shirdibaba
    11-03 04:22 PM
    Yes,it was 10/15 when we called the center.
    the agent id is XM0161
    Is the ID same for all?
    I am trying to get the appt wt infopass through my lawyer.Hope he will not have to accompany us then.
    ALSO Guys, what are the docs u took for the appt wt the officer?
    Was there any specific questions?

    thanx again.we were so worried all this while.till i read ur thread.





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  • H1bslave
    11-19 01:56 PM
    Is this still an active topic? or its dead? Are there people with US Master - STEM who are willing to come forward?
    I am just trying to gauge this? To me, looks perfect candidate for piece meal while waiting for CIR, justification could be same as 20K quota for H1b, keep US educated in the country and keep contributing to US economy & society. It has two benefits, a) direct to people who have US Master, b) there will xx less number of people in front of who don't qualify for this so their turn will come sooner.
    any leads?





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  • satishku_2000
    05-31 01:35 AM
    I am on a non immigrant visa and am fairly close to getting my green card through EB-1 under current system - so am basically screwed if the new law passes. I have sent my share of web faxes and have made my wife/ friends at work do the same. I view green card as a logistical convenience and not a do or die thing. If GC does not work out and my work visa upper limit expires - my company would move me elsewhere (or I can get another job somewhere else)....I dont consider myself beholden to any country except India (my country of birth) and would happily move around till I can afford to settle down comfortably in India

    However, if I think rationally without being condescending, here is my take:

    Legislators in a democratic country are answerable to the people who vote (that excludes all of us). If the Indian MPs start listening to the thousands of neighboring country (no offence intended - just illustration of a point) immigrants while making up their mind on any legislation - I would be damn pissed off - regardless of whether they pay taxes or not.

    When we all came to US on work visas - US Govt did not make any promises about green card nor did they extend an express invitation to most of us (there may be some exceptional scientists/ educators etc here and I beg their apology)......the contract was between us and sponsoring employers..not with the US Govt...US Govt may choose to legislate the way they deem fit without asking us or listening to us- regardless of what 1 million folks have to say

    The opposition to the new law from skilled, legal non-immigrants is not united....nor are the demands uniform....a divided front can never be a strong front.

    No matter what IV or any other organization does (not to take anything away from the great work being done here)......the senators/ congressmen would listen only to those who have voting rights....I dont think anything is being done here to change public opinion of the common US citizen.....and I am not even sure how to do that....common US citizens think that Indians (and other work visa holders) are here to take away the nice white collar jobs which they took for granted.......

    Senators/ congressment do not (and they should not in a real democracy) have any opinion - they are supposed to mirror the opinion of the voting majority...the reason they care about the illegal immigrants is because the ethnic segment from which an overwhelming number of illegals come from - their legal US citizen brethren have put their electoral weight behind this.....since many families are like 50% legal and 50% illegal......



    with all due respect to you sir, Can you please explain us what to do? If someone want to pack bags and leave they can always do that and my humble advice to those people is dont waste your time on these forums.





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  • dish
    01-10 10:27 PM
    We can demand a purple card for any techworker who had worked and paid taxes and contributed to Social Security and medicare for three continuous years. This card should allow free travel and work permit for spouse. Counterpart of blue card for illegals......Once the priority date becomes current and adjustment of status is complete, purple card is replaced by green card !!!!!!!!



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  • qvadis
    12-29 12:14 AM
    Being on the other side (EB3-ROW) I read the law a bit differently ;-)

    In short:

    - INA 202 (a) (2) establishes a 7% country limit for both FB and EB categories together and per fiscal year.
    - INA 202 (a) (3) allows to make unused visas available per quarter in excess to the 7% country limit.
    - INA 202 (e) specifies that any visas in excess to 7% must be distributed equally to FB and EB, and each sub-categories.
    - INA 202 (a) (5) gives preference to EB (over FB) and determines the allottment for additional visas with preference to EB1 over EB2, etc.

    INA 202 (a) (5)
    If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.


    I guess the question here is, what does "visas available" in conjunction with INA 203(b) mean.

    INA 203 (b) (3) (EB3)
    [...] Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2) [...]


    The way I read it all this is that the rules in INA 203 (b) (1)...(5) should be applied first before INA 202 (a) (5), ie. additional visas are only available if EB-3 ROW is current.

    So, the allottment should work as follows:

    Any unused visas in EB-1 (with regards to 7% country limit) will spill over to EB-2, and unused visas from EB-2 to EB-3, etc. If there are still unused visas, they will be used for countries that are subject to the 7% limit, first in EB-1, then EB-2, etc.




    Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. [...]

    INA 202 (a) (3)

    Therefore, the 7% country cap had always been �soft� till year 2000.

    (*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)



    I would disagree with the premise in your note. You could also read it that the 7% applies to the sum of both FB and EB categories: "[T]he total number of immigrant visas [...] under subsections (a) and (b) [...] may not exceed 7 percent [...] of the total number of such visas made available under such subsections [...].�

    Subsection (e) actually seems to suggest that any additional visas have to be allotted proportional to FB and EB categories:

    [I]INA 202 (e)
    If it is determined that the total number of immigrant visas [...] will exceed the numerical limitation [...] visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
    (1)
    the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);



    After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.


    I guess the important phrase in the law is IF ADDITIONAL VISAS AVAILABLE. You seem to interpret 203 (b) as only up to 28.5% are available without the ones spilled over from higher categories.





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  • 24fps
    02-21 01:46 AM
    This does sound strange, do you know what was the reason for this officer's visit to your employer two months back? also, i would suggest make sure all your paper work is fine, I mean LCA etc. indicating your correct place of work and right wages.

    first of all make sure it was a genuine call

    call USCIS back and find out if there is a visit scheduled for your house

    also be carefull, check all credentials of whoever wants to come to your house

    economy is bad, recession is in ,the crime rate is going to get bad, especially against immigrants etc

    ps also i would second the visit at your office place instead and if need be , in the presence of a lawyer



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  • rajs
    12-27 12:31 AM
    my PD is april 2001
    and still waiting , & when we call ins we get a letter
    still in processing time :(
    what can we do?





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  • immigrant-in-law
    01-25 09:55 AM
    All shops that hire OPTs and market them at ridiculously low rates with faked resumes must also be brought to justice.



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  • brav
    11-29 08:10 PM
    Does it mean FBI has to clear/decide the case in 120 day time frame and If it fails to report back, uscis is free to adjudicate the aos

    The message says designated time frame, without specifying what the "designated time frame" is. I am just curious, where did you find that 120 days is the "designated time frame"?

    Thumbs up to IV and everyone involved in making this happen.





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  • nousername
    11-19 05:04 PM
    To begin with let me say that I have earned my masters from the US but still I'm not in favor of this idea simply because getting a masters from the US does in no way prove that US needs us more than others (in light of EB law), or we are any smarter or more capable than people who did masters or even under grad from their home country..

    Besides this will further divide the community which as is divided.

    Just my 2 cents.

    Is this still an active topic? or its dead? Are there people with US Master - STEM who are willing to come forward?
    I am just trying to gauge this? To me, looks perfect candidate for piece meal while waiting for CIR, justification could be same as 20K quota for H1b, keep US educated in the country and keep contributing to US economy & society. It has two benefits, a) direct to people who have US Master, b) there will xx less number of people in front of who don't qualify for this so their turn will come sooner.
    any leads?



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  • nozerd
    01-17 06:03 PM
    techysingh,
    This is what I wrote. I just faxed last Tuesday and havent heard from either Congressman or Senator. To this letter I also attached a copy of my I 140 approval (shows PD), a copy of I 485 receipt notice and 2 service requests that were started for me.

    Congressman XYZ,

    Subject: Request for assistance with delayed Immigration Petition


    Dear Sir,

    I would like to request your assistance with a pending petition with USCIS that has seen an undue delay in processing. This I 485 petition (Application to Adjust to Permanent Resident Status) and has been pending at the Texas Service Center since it was received. The receipt date is June 15, 2007 which is prior to what is currently listed as the processing date on the USCIS website (current processing date listed as of September 30, 2008 is June 27, 2007. USCIS has not updated the processing dates after September 30, 2008 on their website).

    My Priority date of August 9th, 2001 is current for my case category EB3 India. I have requested a status update from the USCIS service center and 2 service requests were started on my behalf but I have not heard anything or seen any progress on my case.
    I would appreciate any assistance in speeding the processing of this petition. I am enclosing relevant receipts and letters. Please let me know if you need any further information.


    Sincerely,

    nozerd





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  • mybid2003
    11-10 10:59 AM
    Mybid2003,

    If your case is filed by lawyer, then your lawyer will also receive a copy of your FP Notices. So you may want to contact your lawyer and see if he got it?

    Yes. I did check with my lawyer. She didn't receive yet. :confused:



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  • chi_shark
    02-12 01:35 PM
    so for folks who are in the queue with USCIS in the states now (485 applied), can we change over to consular processing now?

    Some hopes.........

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

    Thanks
    MDix





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  • micofrost
    06-02 01:55 PM
    [



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  • Kitiara
    02-07 09:44 AM
    Ah, the question is though, what were you? A good knight or an evil knight? :smirk:





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  • sukhyani
    04-18 04:43 PM
    I will take it :D
    In that case, at least you will have your EAD and AP and can change your blood sucking deshi consulting company after 180 days and can peruse better employment opportunities.

    I dont know how to do it therefore asking, can someone start a poll to see how many of our members became eligible for file for I485 after this movement in Visa numbers?



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  • morchu
    07-20 01:22 AM
    Well.... I think I have to say... it is a choice you made, and nothing to do with a USCIS cruelty. I know guys who decided to file for 485, when his wife was in India (there by taking a chance on their personal life like spindoctor), and I know guys who decided not to file the 485 and was willing to wait for immigration rather than taking any chance on their personal life. It clearly is a choice between your chances on immigration (and maybe sometimes professional life + some monitory gain) vs chances on personal life. So dont blame ANYBODY for it, you knew beforehand, that you were taking chances on personal life. You chose to save some money (H1costs etc) and take chance of filing 485 just for yourself and thus advance probably in your professional life. And I have to say this, if you were really a "love bird" you will sometimes has to sacrifice something yourself for your partner.

    Coming to the point.

    Option1. As somebody else suggested, get back to H1 (via premium.. time matters), bring your wife as soon as possible (you might have to compromise some of the tasks you mentioned for her in India), and file 485 for her on August 1st itself. YOU CANNOT FILE 485 FOR SOMEBODY WHO IS OUTSIDE US.

    Option2. File for her "Follow to join", and start the process for it right away. Believe me time runs out so fast. Forget about bringing her in "visitor visa". You already know by yourself that she has "immigrant intent". Visitor visa is not meant for that at all. And chances of getting "visitor visa" for her is extremely limited.

    Option3. If your wife can get a job in H1Visa / L1visa. She can come to US even if she has "immigration intent". After being here, she can file for 485 and EAD (when the priority date is current). But obviously she should obey the rules of L1/H1 to keep her status once she is in USA, till she gets EAD. Again remember that once your 485 is approved, she does not qualify for filing 485 (in employment based category). So again time "may" be critical. You can always chose to take a chance again (since your 485 "may" not get approved in August).

    Option4. You can withdraw your 485, go to your motherland for now, help your wife complete the tasks she have in there, and when you are ready with your "love bird", get back to job in USA in H1 (and wife in H4), use the old priority date (since 140 already approved), go through the PERM and a 140/485 along with your wife. (PERM just takes 2 months now, and since you can have the same priority date as before you can almost immediately file your 485 after PERM approval, and there is premium processing for 140. Again this include sacrifice of some money and taking some step back in career.

    It is all upto you still, the choices.
    We all make some choices like this at some point in life.

    -Morchu

    Thanks friend. Let me chew over your advice too. Though I really hate to quit my current job. It's a nice job after all. Also, getting a quick H1 through some reputable American company will be difficult. And I don't really want to go back to desi bodyshoppers again. Also, too many job hops may jeopardize the entire GC process itself. But if this is what I gotta do, then this what I will do.





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  • kart2007
    05-17 11:23 AM
    I stay in an apartment OK. One day my neighbour (living downstairs) was crying with his wife and a small kid. You want to know the reason--NO PAY FOR 2 MONTHS!!!!. All his hard earned money was finished paying rent, OK and his kid was sick. No money, nobody to ask. His contractor said WAIT, WAIT and nothing else.

    In that case its better to go to India and lead a much better life than staying in this pathetic state here.

    Obviously there's no meaning for an immigrant to stay here away from his home country to be trested almost like an uneducated person.

    Living like this is not only bad for one's self respect but is also certainly illegal for the employer.

    Its people like this guy why companies liek Infosys etc abuse the visa program and pay less to guys they bring from India to US.





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  • pushkarw
    12-21 01:02 PM
    Have you contributed to the MILLION dollar drive? Please visit the funding thread.





    lucas
    07-02 07:52 PM
    Medical: $375
    Fedex: $100
    Photos: $50
    Attorney: $1350

    Total: $1875





    texcan
    08-07 05:51 PM
    Not married yet. GC approved much earlier than others.

    I see good news in both these sentences.

    Just kidding.

    Student visa option will work for you, also even if you get married
    H1 is always a option to bring your wife here.



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