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pappu
08-21 10:49 AM
>> any unused visa should be given to the oldest PD irrespective of Country/Category...
What is the legal basis to back this claim? Probably this should be included in the letter as well.
_____________________________________________
Proud to be an Indian-American and Legal Immigrant
All of you guys are smart ,highly skilled immigrants.
Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..
Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.
same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
He left current employer and found another who willing to apply under Eb2.
Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.
CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.
I tend to agree with both.
You need strong arguments and they need to have legal basis. Laws cannot be changed by an agency that only follows laws.
If you are eligible for EB2 and cannot file in Eb2 and your employer filed in Eb3, it is not a strong argument. Likewise you cannot change the spillover rule without strong legal justification. You need change of law.
Visa recapture is the best option.
What is the legal basis to back this claim? Probably this should be included in the letter as well.
_____________________________________________
Proud to be an Indian-American and Legal Immigrant
All of you guys are smart ,highly skilled immigrants.
Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..
Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.
same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
He left current employer and found another who willing to apply under Eb2.
Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.
CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.
I tend to agree with both.
You need strong arguments and they need to have legal basis. Laws cannot be changed by an agency that only follows laws.
If you are eligible for EB2 and cannot file in Eb2 and your employer filed in Eb3, it is not a strong argument. Likewise you cannot change the spillover rule without strong legal justification. You need change of law.
Visa recapture is the best option.
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Green.Tech
09-20 01:49 PM
I received a similar response to the 2nd SR. I was told that my case was under additional review and to allow them 60 days. However, my wife's case had been assigned to an officer for review.
Did you send an email to TSC.Ncscfollowup@dhs.gov (for TSC - another email for NSC). I had no clue where my application was when even 2006 cases were getting approved. I am seeing some movement after emailing them.
Did you get a response after you sent the e-mail? What movement do you see on your case?
Did you send an email to TSC.Ncscfollowup@dhs.gov (for TSC - another email for NSC). I had no clue where my application was when even 2006 cases were getting approved. I am seeing some movement after emailing them.
Did you get a response after you sent the e-mail? What movement do you see on your case?
andycool
08-18 10:01 AM
Hi AndyCool,
How did you open Infopass on aug 5th, because once SR is created they say wait for 45 days before opening infopass, as in the page where we open infopass it asks for SR#?
Can you please share what option you selected in the web page when you tried to open a Infopass appointment.
Thanks
Dreamer05
I just selected need Information thats all it has nothing to do with SR
How did you open Infopass on aug 5th, because once SR is created they say wait for 45 days before opening infopass, as in the page where we open infopass it asks for SR#?
Can you please share what option you selected in the web page when you tried to open a Infopass appointment.
Thanks
Dreamer05
I just selected need Information thats all it has nothing to do with SR
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abhijitp
07-09 07:15 PM
First: They will ignore you (that's what preciously happened for so many years, no ear eager to listen about the problems of legal immigrants)
Second: They will laugh at you (that's what is taking place. Instead of accepting the mistake and offering an apology, USCIS has only issued a statement about forwarding flowers to Army Medical Center)
Third: They fight with you (I guess that's what they are gonna do in the court)
Fouth: Finally you win.
So stay tuned guys ...... victory is not far away!!
BTW whether or (as someone said, more likely) not we are strictly following Gandhian principles, I am sure he would have been unhappy for people who opt for inaction as opposed to any peaceful means of protest.
Second: They will laugh at you (that's what is taking place. Instead of accepting the mistake and offering an apology, USCIS has only issued a statement about forwarding flowers to Army Medical Center)
Third: They fight with you (I guess that's what they are gonna do in the court)
Fouth: Finally you win.
So stay tuned guys ...... victory is not far away!!
BTW whether or (as someone said, more likely) not we are strictly following Gandhian principles, I am sure he would have been unhappy for people who opt for inaction as opposed to any peaceful means of protest.
more...
Humhongekamyab
08-21 09:42 AM
Is this correct ....
We did further research and found out that, Vonage considers more than 5,000 minutes per line per month for unlimited residential calling and more than 10,000 minutes per line per month for unlimited small business calling is not to be considered normal use. That means the moment you run over 5000 minutes (Vonage World Plan is residential plan), Vonage will cut you off.
Lets do some calculations for calling India. You pay $25 a month and you will get 5000 minutes per month of calling. $25/5000 minutes means 0.5 cents per minutes which is really cheap.
Free VOIP Solution Free calls Worldwide (http://voipguides.blogspot.com/)
We did further research and found out that, Vonage considers more than 5,000 minutes per line per month for unlimited residential calling and more than 10,000 minutes per line per month for unlimited small business calling is not to be considered normal use. That means the moment you run over 5000 minutes (Vonage World Plan is residential plan), Vonage will cut you off.
Lets do some calculations for calling India. You pay $25 a month and you will get 5000 minutes per month of calling. $25/5000 minutes means 0.5 cents per minutes which is really cheap.
Free VOIP Solution Free calls Worldwide (http://voipguides.blogspot.com/)
whitecollarslave
01-11 02:31 PM
Guys the race is on! Anti immigrants are onto our campaign. see this link!
http://www.alipac.us/ftopict-97988.html
Are you ready for the showdown? Lets send as many letters as we can!!
I don't understand where is the conflict here. The website above - ALIPAC - is "Americans for Legal Immigration". From what I read in their website, they want to stop illegal immigration and they support legal immigration. Unless they have a hidden agenda, they should be supporting IV's letter campaign.
How is this in conflict? Am I missing something?
http://www.alipac.us/ftopict-97988.html
Are you ready for the showdown? Lets send as many letters as we can!!
I don't understand where is the conflict here. The website above - ALIPAC - is "Americans for Legal Immigration". From what I read in their website, they want to stop illegal immigration and they support legal immigration. Unless they have a hidden agenda, they should be supporting IV's letter campaign.
How is this in conflict? Am I missing something?
more...
meghanap2000
10-26 04:52 PM
FatJoe,
Got an email from USCIS stating that there is an change in status... This email showed new status as Card Prodn Ordered...
This was early evening 22'nd Oct.... Got two emails - one for me and one for my wife... exactly identical email.
Then later at night (closer to midnite NSC time i think), i received the same two emails for me and my wife again.... not sure why.
Since then no other emails.... So far, i have only recvd CPO email.... no other emails at all...
Donot worry about 2 emails. That normally happens for alomost any approval email from USCIS. I always got 2 emails from USCIS in approval of my every case like h1b ext, 485 etc..
You may not receive any more email from USCIS about your 485. But USCIS will send 485 approval courtesy copies to you and originals to your attorney. So please contact your attorney after 3 or 4 business days and collect your original i485 apporvals. You will receive your green cards with in 1 week. I received CPO mail on oct 17th and received green cards on oct 24th.
Please let me know if you need any more info.
Got an email from USCIS stating that there is an change in status... This email showed new status as Card Prodn Ordered...
This was early evening 22'nd Oct.... Got two emails - one for me and one for my wife... exactly identical email.
Then later at night (closer to midnite NSC time i think), i received the same two emails for me and my wife again.... not sure why.
Since then no other emails.... So far, i have only recvd CPO email.... no other emails at all...
Donot worry about 2 emails. That normally happens for alomost any approval email from USCIS. I always got 2 emails from USCIS in approval of my every case like h1b ext, 485 etc..
You may not receive any more email from USCIS about your 485. But USCIS will send 485 approval courtesy copies to you and originals to your attorney. So please contact your attorney after 3 or 4 business days and collect your original i485 apporvals. You will receive your green cards with in 1 week. I received CPO mail on oct 17th and received green cards on oct 24th.
Please let me know if you need any more info.
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gc28262
06-18 12:20 PM
If companies could survive with GCs and Citizens alone, they would have done it already. The fact is there aren't enough quality resources to be picked from GC/Citizen pool. That is the reason companies are willing to deal with complex immigration laws for hiring a non-immigrant worker.
Of course companies will look for cheaper and easier ways of doing things.( outsourcing route) I agree with puddonhead that threshold for outsourcing is low in these times. Vast majority of outsourcing was initiated during the last recession ( 2000- 2001).
Of course companies will look for cheaper and easier ways of doing things.( outsourcing route) I agree with puddonhead that threshold for outsourcing is low in these times. Vast majority of outsourcing was initiated during the last recession ( 2000- 2001).
more...
Ramba
08-07 02:09 PM
First let me state that I need people like you to proceed and hence I will be happy to answer the points you rasied to the best of my ability:
We all agree that there is severe backlog. Only way the backlog will alleviate is by increasing visa numbers, which not going to happen any time sooner.
So some people (and I know around 10 of them) what they are doing is the following:
They got the chance to file their 485 last July , which is pending. They are now contacting several small desi consulting firms to file for their fresh labor in EB2 category. Once their labor is filled and new I-140 is approved, they plan to attach new I-140 to the original 485 and hence effectively convering to Eb2 category but with priority dates in 2002 and 2003 (because original I-140 had that priority). Worst, they would never join that desi consulting firm...
This how the system is being gamed. If I know 10 such cases, I am sure there must be thousand like that.Now you tell me , isn't that unfair to the people already in Eb2 line as well as the ones who do not know how to game the system
By the way: If any one is interested, I know of three such consulting firm that can do for you for a fee.
Though, it is unfair one can not do legally, as long as USCIS recoconoze the the job offered at desi consulting companies are genuine and real "fulltime permanant job". They may be gaming the system..it is their model of bussiness to make money..and it is well supported by lawyers, lobbyists and ofcourse benefit seeking employees. You cant break this strong wall before the uscis. You should have witnessed how much resistance they created when DOL/USCIS abolished labor subsitution. In nut shell, if you close one loophole, they will find another. You are in wrong forum..
We all agree that there is severe backlog. Only way the backlog will alleviate is by increasing visa numbers, which not going to happen any time sooner.
So some people (and I know around 10 of them) what they are doing is the following:
They got the chance to file their 485 last July , which is pending. They are now contacting several small desi consulting firms to file for their fresh labor in EB2 category. Once their labor is filled and new I-140 is approved, they plan to attach new I-140 to the original 485 and hence effectively convering to Eb2 category but with priority dates in 2002 and 2003 (because original I-140 had that priority). Worst, they would never join that desi consulting firm...
This how the system is being gamed. If I know 10 such cases, I am sure there must be thousand like that.Now you tell me , isn't that unfair to the people already in Eb2 line as well as the ones who do not know how to game the system
By the way: If any one is interested, I know of three such consulting firm that can do for you for a fee.
Though, it is unfair one can not do legally, as long as USCIS recoconoze the the job offered at desi consulting companies are genuine and real "fulltime permanant job". They may be gaming the system..it is their model of bussiness to make money..and it is well supported by lawyers, lobbyists and ofcourse benefit seeking employees. You cant break this strong wall before the uscis. You should have witnessed how much resistance they created when DOL/USCIS abolished labor subsitution. In nut shell, if you close one loophole, they will find another. You are in wrong forum..
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gc_chahiye
07-09 07:24 PM
Re-route the flower from USCIS to the two hospitals makes the flowers go steps farther and will definately make bigger noise to get attention. That is great.
guys where is the whole EB-Retrogression message in all this?
We are getting carried away and forgetting the main reason this campaign was started: draw attention to EB retrogression, USCIS wastage of visa numbers etc
guys where is the whole EB-Retrogression message in all this?
We are getting carried away and forgetting the main reason this campaign was started: draw attention to EB retrogression, USCIS wastage of visa numbers etc
more...
mbawa2574
05-09 07:53 AM
This would be a good move on part of BJP.
http://timesofindia.indiatimes.com/BJP-to-link-N-deal-execution-to-US-outsourcing-move/articleshow/4492192.cms
Let Obama feel the heat. US has to understand that they have no native skills and they are in deep debt. Let more jobs go away in this country if Mr. Obama does not stop his actions.
In nutshell- Election of Obama is bad for Indians / Skilled workers.
Yankee ( Moderate)Republicans are any day better then hard liberals & right-wing conservatives. Now we are seeing that Obama & Tancredo have the same agenda to scr*w us.
http://timesofindia.indiatimes.com/BJP-to-link-N-deal-execution-to-US-outsourcing-move/articleshow/4492192.cms
Let Obama feel the heat. US has to understand that they have no native skills and they are in deep debt. Let more jobs go away in this country if Mr. Obama does not stop his actions.
In nutshell- Election of Obama is bad for Indians / Skilled workers.
Yankee ( Moderate)Republicans are any day better then hard liberals & right-wing conservatives. Now we are seeing that Obama & Tancredo have the same agenda to scr*w us.
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virginia_desi
01-31 09:07 AM
Dear Vamsi, SVK, NK, Shahuja, Abuddyz, and all eligible visa aspirants:
I just got an email from the Chennai consulate, 29th day from the interview, stating the visa was stamped today:
"Thank you for your e-mail.
Our records show that your visa was issued today, January 31. You
should be receiving your passport/visa soon.
Visa Information Unit
American Consulate General
Chennai 600006, India
Telephone: 91 44 2857 4242
Fax: 91 44 2811 2027
Website: http://chennai.usconsulate.gov"
This means there is light at the end of the tunnel. Please have faith in your abilities, and in your God. You will hear back soon.
Moral of the story: "Never use a Consulate in India for visa re-validation again."
Please learn from this story, and never again trust Consulates in India for extension purposes.
God bless you all.:)
How do you know that experience in Canada or Mexico will be any different from experience in India? It can be only better at a consulate that hasn't yet implemented PIMS, which I don't think there are any at this point. At least you are at home with family. I think the worst is to be stuck in Canada or Mexico for a month. I think the moral of the story is to use AP whenever possible.
I just got an email from the Chennai consulate, 29th day from the interview, stating the visa was stamped today:
"Thank you for your e-mail.
Our records show that your visa was issued today, January 31. You
should be receiving your passport/visa soon.
Visa Information Unit
American Consulate General
Chennai 600006, India
Telephone: 91 44 2857 4242
Fax: 91 44 2811 2027
Website: http://chennai.usconsulate.gov"
This means there is light at the end of the tunnel. Please have faith in your abilities, and in your God. You will hear back soon.
Moral of the story: "Never use a Consulate in India for visa re-validation again."
Please learn from this story, and never again trust Consulates in India for extension purposes.
God bless you all.:)
How do you know that experience in Canada or Mexico will be any different from experience in India? It can be only better at a consulate that hasn't yet implemented PIMS, which I don't think there are any at this point. At least you are at home with family. I think the worst is to be stuck in Canada or Mexico for a month. I think the moral of the story is to use AP whenever possible.
more...
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pat123
09-20 07:01 PM
That's been my understanding all along. Applications are approved per the Notice Date, provided the applicant's PD is current. But I know, we've all seen exceptions to that rule. I guess this is more relevant in your case since you're current, but I'm not, so it doesn't really matter too much anyway. I just don't want any RFEs.
I think the program scoops up all the applications on that date and check whether the dates are current, pre adjudicated and available visa numbers. then it may move to the case officer or approval or "automagically" approves the Green card!!!!:D
I think the program scoops up all the applications on that date and check whether the dates are current, pre adjudicated and available visa numbers. then it may move to the case officer or approval or "automagically" approves the Green card!!!!:D
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subba
07-10 10:32 PM
If someone at the medical center found out what really happenned and why they are getting these flowers, and they complain that they do not want these flowers because of USCIS' stupidity.
more...
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sammyb
08-20 12:27 PM
would be happy to refer any one ... :) :) :) ..
by the way - good news ...
if you are already a 24.99 unlimited plan subscriber - it costs nothing to change to the world plan ...
by the way - good news ...
if you are already a 24.99 unlimited plan subscriber - it costs nothing to change to the world plan ...
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sundarpn
01-02 12:27 AM
This is useful info. But scary :(:mad:
I was planning to get my h1b visa revalidation done at Chennai end of Jan '08.
Can anyone who goes for H1b revalidation post their experiences?
is this showing any signs of improvement?
I was planning to get my h1b visa revalidation done at Chennai end of Jan '08.
Can anyone who goes for H1b revalidation post their experiences?
is this showing any signs of improvement?
more...
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chanduv23
09-13 09:49 PM
Sept 11 was saturday. How did it change to 'decision'? :confused:
Anyway, Good luck! Hope you will get card by this weekend.
Looked like a batch update.
Anyway, Good luck! Hope you will get card by this weekend.
Looked like a batch update.
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sai
01-15 08:27 AM
Cybersoftec
*****************************
Indian held for US computer techie immigration fraud
*****************************
Narendra Mandalapa has been charged with fraud and misuse of visas and is currently in the custody of the United States Marshals Service. The US Immigration and Customs Enforcement says investigations have revealed that Mandalapa had filed nearly 1,000 possibly fraudulent labour-based petitions. All of these were on behalf of skilled computer professionals from the Indian sub-continent seeking to enter or remain in the US.
Investigators estimate that professionals paid at least Rs 90 crore as application fees for these petitions. They are now trying to determine how many such people entered the US and received fraudulent labour benefits.
http://www.samachar.com/showurl.htm?rurl=http://www.indianexpress.com/full_story.php?content_id=85963&headline=Indian~held~for~US~techie~immigration~fra ud
*****************************
Indian held for US computer techie immigration fraud
*****************************
Narendra Mandalapa has been charged with fraud and misuse of visas and is currently in the custody of the United States Marshals Service. The US Immigration and Customs Enforcement says investigations have revealed that Mandalapa had filed nearly 1,000 possibly fraudulent labour-based petitions. All of these were on behalf of skilled computer professionals from the Indian sub-continent seeking to enter or remain in the US.
Investigators estimate that professionals paid at least Rs 90 crore as application fees for these petitions. They are now trying to determine how many such people entered the US and received fraudulent labour benefits.
http://www.samachar.com/showurl.htm?rurl=http://www.indianexpress.com/full_story.php?content_id=85963&headline=Indian~held~for~US~techie~immigration~fra ud
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dwhuser
10-14 06:26 PM
I didn't get an email but got an sms from USCIS about the case status change to Decision. Here's the update :)
Decision
On October 13, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.
Does that mean an 'Approval'. Between we moved to AZ from FL this week and I'm sending my AR-11 and changed the address over the phone. Is there anything else I need to do ?
Decision
On October 13, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.
Does that mean an 'Approval'. Between we moved to AZ from FL this week and I'm sending my AR-11 and changed the address over the phone. Is there anything else I need to do ?
shantanup
09-22 07:26 AM
Is IV switching sides now?
Let me give you an example and you would understand my point. USCIS Customer Services Directorate received 16 million calls from the public and 300,000 from Members of Congress. Add to it, all other items people do to get attention for their case and think that by sending an email or a phone call from Senator or by a lawyer, the officer will realize his mistake and quickly open the file and approve it. If you look at the responses people post to their inquiries, you would see that most responses are standard. USCIS is not just approving 140K greencards but more than a million greencards, hundreds of thousands of H1 and other visa types, EADs etc...every year. Greencards do not get issued on the day date gets current. It is not a automatic process. There is lot of human work involved and many people do not understand that or spend time understanding it. They would rather waste their time either on useless task of tracking or calling customer service every single day.
Let me give you an example and you would understand my point. USCIS Customer Services Directorate received 16 million calls from the public and 300,000 from Members of Congress. Add to it, all other items people do to get attention for their case and think that by sending an email or a phone call from Senator or by a lawyer, the officer will realize his mistake and quickly open the file and approve it. If you look at the responses people post to their inquiries, you would see that most responses are standard. USCIS is not just approving 140K greencards but more than a million greencards, hundreds of thousands of H1 and other visa types, EADs etc...every year. Greencards do not get issued on the day date gets current. It is not a automatic process. There is lot of human work involved and many people do not understand that or spend time understanding it. They would rather waste their time either on useless task of tracking or calling customer service every single day.
rssb
03-29 11:02 AM
This is good but the numbers are very less to do anything in the bigger picture(EB2+EB3 pending). Atleast something is better than nothing.
Hope this doesn't lead to laxing on the advocacy day agenda or less efforts from EB2 people on the verge. EB3 people stuck wtih pre -perm labor, no substitution should also be helped, and way to do it , recapture of unused numbers, hold on diversity lottery. Going through advocacy efforts. A united effort has a higher chance.
Hope this doesn't lead to laxing on the advocacy day agenda or less efforts from EB2 people on the verge. EB3 people stuck wtih pre -perm labor, no substitution should also be helped, and way to do it , recapture of unused numbers, hold on diversity lottery. Going through advocacy efforts. A united effort has a higher chance.
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