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Wednesday, June 15, 2011

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  • paulavijit
    03-17 09:08 AM
    Guy you are forgetting the 7% per country quota for issuing GC. Applicants from a particular country can only get 7% of the total GC available in a year.

    Total employment based quota per year is 140,000 and 7% of it is 9800. So at the most only 9800 Indians can get GC per year. This count also includes the dependents.

    So even if your PD is current and you have filed your I-485 but there may be more than 9800 Indians with the same status and hence only the first 9800 will get GC that year.

    There are more than 100,000 primary Indian applicants who have filed their I-485 and assuming a average Indian family size of 3, there are 300,000 who are waiting for GC. Only 9800 can get in a year. So if the law does not change this backlog will finish in more than 30 years.





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  • justAnotherFile
    07-15 08:44 PM
    I got one FP done after filing I-485 and another when I first applied for EAD (18 motnhs back)
    My spouse got only one FP request after I-485 and none during EAD renewals.

    I wonders if we use AP to enter, do the fingerprints taken at the port of entry automatically get registered with our I-485 application. Because when we enter on AP there is a additional stepo at the port of entry where dat ais entered into some system.





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  • jcgc
    02-21 03:18 PM
    Dont rely on tracitt. no one knows how many report there. It is not scientific or true. For right numbers, anlyse the DOS report for each year, if you hva more time.

    http://travel.state.gov/visa/frvi/statistics/statistics_1476.html

    Well that is the only available source. The DOS reports will tell you how many numbers have been used up historically. But they don;t tell you what USCIS has on its plate still pending right now by PD. And as far as i know, is the best option.





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  • keshtwo
    08-15 05:22 PM
    Well, I mean no offense to anybody but why is EB3 ROW so far back while EB2 India and China are as per June bulletin or better?
    I thought for India the approved cases were 5 times the country quota for 2007? Good for those guys that were approved but I still don't get it why ROW is 2002!

    yeah pretty weird. What does that mean to spillover in next June on wards? I hope its not a negative, too soon to tell though.



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  • desi3933
    02-01 08:07 AM
    Thanks a lot Desi3933. I don't have words to thank you...

    .....


    I am glad to be of help. If my post was helpful, I urge you to consider making a donation to IV.

    Thanks.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • chanduv23
    05-26 04:40 PM
    There is a rule that you are suppossed to carry your passport all the times if you are on a visa.

    Border patrol has the right to ask you for documents.

    Fines are like $100 or so - not quite sure.

    I was once driving on Adirondocks and was stopped by the border patrol. I showed my dirver's license but they wanted to see the visa. We waited there for sometime as they validated us on their computer and then let us go - they were friendly and suggested that it is always good to carry documents.



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  • priti8888
    02-16 03:13 PM
    What is the % of chinese, Indians in USA ?


    14% Asians Americans in US. (includes indians,chinese koreans, viatnamese, japanese etc)

    I dont know about India and china specifically.

    There are 2.7 million Indian americans in the U.S and 9.3 Chinese Americans.

    You do the math.

    Not sure if the totals include GC holders





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  • file485
    12-22 07:34 PM
    thanks UN for the reply..

    what can I say..!! lost sleep for many days,but now there is nothing I can do and just hoping all will be positive...

    now with a labor filed in 2003,485 in 2007 and the PDs rolled back to 2000 god knows when our GC misery ends..The GC sponsoring employer will help with all the letters we need...if our dates become current in another 2 yrs..so 2009 - 2003 i.e 6yrs gap between the labor and GC adjuctication, will this raise an eyebrow of the IO officer...? the GC sponsoring employer is a 80 million $ construction company..

    also another question..I see conflicting opinions about letting USCIS know bout the change in job and using AC21...some say wait till RFE and some say send a letter upfront..what is the best option..? also if we use AC21 do we still need to show that we have intentions to join the original GC sponsored employer A or the latest GC sponsor becomes the AC21-ed company..


    jeez ..so stressed out of this GC mess..
    pls let us know..



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  • anilsal
    12-12 03:40 PM
    Here is an article that has some info on the non-ability to file 485.
    http://www.visapro.com/Immigration-Articles/?a=327&z=63

    But still, what rule says that until visa numbers are available, one cannot file 485. Most probably, we never realized this pattern because until retrogression hit, the visa numbers were always available.





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  • yabadaba
    02-20 03:19 PM
    few weeks :D

    from our polls in the past we came to a general consensus that there is a significant amount of filers between pre 2003 - 2005 march. Once u go over that hump...the date should move to dec 2005 because of the conservative approach most of the lawyers had with filing PERM in the initial days

    http://immigrationvoice.org/forum/showthread.php?p=101115



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  • GCVivek
    05-23 01:46 PM
    Here is the issue: If you are thinking of doing MBA to get a management job in a US company and are an Indian, please forget it. You might get a low level management position paying at most 80K. MBA is not for everyone - you have to have it in you to get something out of an MBA. It's not about landing that good job. You hear about the 1 crore offers that IIM students get from top American companies? Well, they are kicked out of the job in 1 year and then join Infosys or Wipro. Not because they are not brilliant but because their conversational skills are terrible and so is their language. Unless you are planning to settle in India OR REALLY THINKING OF PUTTING A LOT OF EFFORT in mastering the English language and your outlook, an MBA is not going to serve you in the US.
    Like, someone said, an MBA is more than just a degree. You can get a better, much higher paying job (300K+) without an MBA but with excellent logic, hard work, conversational skills and outgoing personality. No GC required :)





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  • saravanaraj.sathya
    03-10 03:02 PM
    There is nothing to worry. You should be fine. IT does not really depend on your specific skills. If you move to another position as systems analyst with diferent technical skills it should not matter. So long as you are in the same/similar occupation as defined in ONET job code.

    Ve fun

    Guru's

    I have a small doubt on AC -21 especially the same / similar interpretation. in Perm Application there are two places where there is job description. One is Section H field 11 ( Job Opportunity/ job duties) and other one is Section F field 2 ( Prevailing Wage/ SOC code) now both define what the job is the Section H is company specific and Section F is list of USCIS codes under which this particular job falls as subset.

    The question is will USCIS judge using section F or Section H for same/ similar interpretation because Section F is pretty Generic and as long as you are in same field it works example in IT if you were say DBA and now data modeler or Systems Analyst or coder they are pretty much same. Here is an example of one such code

    15-1051 Computer Systems Analysts
    Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.

    But in case they try to interpret Section H is it very complex and has specific tools that can get outdated or obselete with time. So it will be difficult to do an Ac -21 with that Example if they mention SQL Server or Ab-Initio in section H and now you take a full time in company using Oracle or Informatica will that cause an issue?



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  • amitjoey
    07-05 05:31 PM
    Guys, please contribute to IV. I just did today, and believe me, you will feel better for doing so...

    This is not just for you and me, but also for those who will come after us. Also, this is not a battle just to sue USCIS/DOS, but a war we need to fight on multiple fronts:
    1) First and foremost, we the immigrant community need to join hands and fight as one cohesive group.
    2) Sue the government agencies for damages/violation of law/precedents due to the revised visa bulletin
    3) Get this matter the attention it deserves in the media
    4) Try and get congress to intervene in this matter, and also introduce and pass legislation that will fix the broken employment based immigration system
    5) Request corporate sponsorship. Since employers spent money on this fiasco as well, they will have a vested interest in pursuing this as well.

    The main thing, however, is funds. IV needs funds to fight for us. Each of us has already spent 100's (many even 1000's) of $ trying to get ready to file our I-485's. So even if 10,000 members contribute just $100 each, it will be $1 mil. I am sure each of us can at least spare that much. It is a small price to pay for liberation from this GC mess for all of us....

    With ~15,000 members already, and hopefully some serious $$$$$$ raised, IV will be a force to be reckoned with. No one will be able to treat us with such disdain ever again...

    Awesome! you said it!!





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  • bijualex29
    07-24 09:31 AM
    I think that is a very good idea, we should have several backup plans.
    I never thought that �Ability to file I-485� is within USCIS power.
    I too have researched and found out that the just � Memo � was issued to change the procedure to file I-485/I-140 concurrent filing.
    Here � Ability to file will be within USCIS power� , but granting a green card is controlled by law.



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  • immigrationmatters30
    09-19 02:06 PM
    Do you guys think this is good time to stop consulting and joining a full time job(even though it pays less), if we can find one.





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  • willwin
    04-03 02:02 PM
    Not yet Filed EAD. PD MARCH 2005

    Oops! that's pretty bad.

    Looks like you missed the boat last July!

    I know guys with PD 2006 and got their GC approved during July-Sep 2007.

    Hope the date moves this summer so that you could file your 485.



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  • reddymjm
    03-18 08:39 AM
    Its more than 5 yrs now I started my GC process.





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  • kaisersose
    03-18 03:36 PM
    At a minimum, EB3 ROW will advance sginficantly which is good for all those who were stuck in BEC.

    It is believed country cap does not exist during the final quarter. If that is true, then some India EB2 (2004 and earlier) may also benefit.





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  • vicsthedude
    09-17 05:31 PM
    Yes was similar to yours. The status did change to Review. They just got it yesterday and I saw hard lud yesterday and a soft lud today. I did not know how my Attorney responded or worded it, I just sent him the EVL from current employer.

    How many days have passed snce they received your response? Was yours similar to mine. Please look at Page 1 of this thread of my detailed RFE. Did the sttus change for you to "Review"? Sorry so many questions but my attorney is sending the response overnight today and i am so nervous and anxious and scared and.... etc.





    punjabi
    07-13 09:53 AM
    Congratulations!!

    I suggest you do it right away. I mean, keep papers and application ready. And Fedex it on 31st July evening.

    Good Luck, my friend!


    understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!





    wizard20740
    07-09 07:25 PM
    A FBI name check does not seem to be a mandatory requirement for a GC. I think it maybe part of a "National Security Background Check" but does not seem to be a mandatory one.

    Also Please see link below, which seems to indicate that precedents exist for issuing Citizenship to people without completion of background checks. These checks have to be completed within 120 days of citizenship interview, and it seems that in nearly 20% cases, people have been granted citizenship without completion of background checks because the 120 day timeline expired.

    http://immigration.about.com/b/a/256020.htm


    Would you mind quoting the actual law then?

    Does every I-485 need FBI approval or just background check? How do you know that it needs FBI Name Check for all cases. Quote the law please.



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