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  • wellwishergc
    07-06 12:17 PM
    pappu, is there a separate effort on part of IV towards a legal-immigration based bill, where issues such as visa number capture will be taken up? It has been officially reported within the Ombudsman report that 182,694 have gone unused since 2000.
    Nope not possible as of now. Lawsuit is specific to visa bulletin issue.





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  • sohilbt
    09-10 10:40 AM
    All,
    I think we are most close to H-1B process and thus we should be one who should propose changes to H-1B program to congress so that they can make program more fair and transparent to all. I suggest the following changes. I think IV core should take this up with senator/house representative.

    H1-B improvements:

    1) Instead of visa becoming available once every year (1 October), make visa � of the visa quota available every quarter and one can apply for visa in any given quarter on any day of the quarter or 10 days before the start of the quarter. Unused visas of preceding quarter are added to the next quarter.
    2) Remove lottery system of awarding visa. In stead use the following method:
    a. Until the first day of quarter, all applications for that quarter is accepted (first day of the quarter not included). Visa availability decision is made on first day of the quarter and then every first day of the week of that quarter. Let call these days �visa count day (VCD)�.
    b. If number of application received between to consecutive �visa count day� or before the first VCD is less then number of available visas, all those applications are assigned available visas. Available visa count is reduced by number of applications with assigned visas.
    c. No application is accepted if it was received on or after the VCD AND it was determine on that VCD that sufficient visas are not available for applications received between preceding VCD and the current VCD (or 10 days if VCD is the start of the quarter). Call this VCD �cut-off VCD� and immediate week (or 10 days if this is first VCD) preceding it �cut-off period (CP)�
    d. The application received is CP is assigned available visa as follows:
    i. Create the pool of all the employers who have applied in CP and still have H-1B application requiring new visa.
    ii. Start with an employer playing highest salary to the H-1B applicant and assigned one visa to that application. Remove this employer for the pool. Move on to next highest paying employer in the pool and assigned one visa to that application.
    iii. Continue doing point two (ii) until all visas are exhausted or there are no more employers in the pool. In later case, again create employer pool as stated in point one (i) and repeat the process.
    3) Special clause for consulting position: If application for H-1B visa requires consulting work, following is required:
    a. New LCA is required every year and when consultant changes the client.
    b. New LCA must be based on the client�s job and experience requirement.
    c. H-1B applicant must be paid based on LCA.
    d. If H-1B applicant can establish significant fraud/H-1B exploitation, he/she (and any dependent) is awarded EAD immediately and he/she is eligible to apply for permanent residency without employer application. Employer is no longer eligible to apply for H-1B application and is fined $1million per fraud.





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  • swo
    07-05 01:40 PM
    My guess is EB2 will return to current and EB3 will be retrogressed anything from 2002 to 2005. I doubt it will be any more current than that.

    It's impossible to know. It depends how many applications were ready for approval by the time October hits.





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  • vinzen
    08-14 10:55 PM
    https://egov.uscis.gov/cris/processTimesDisplay.do

    NSC - I485 - Sep 15 2007
    TSC - I485 - Aug 30 2007

    Cheers,
    Ardnahc

    Hello guys ,

    New member here. I have been watching the forums occassionally. My PD is June 2002 EB3 and here is my situation from USCIS case status:

    1. I first applied for I765 and I485 on 08/10/2007 and got EAD for 1 year. According to https://egov.uscis.gov my status was "APPLICATION FOR EMPLOYMENT AUTHORIZATION".
    2. Then I by myself applied for renewal of EAD exactly after 1 year on 08/19/2008 and got EAD approved for 3 years. According to https://egov.uscis.gov, the form that I applied for was I765 and status again was "APPLICATION FOR EMPLOYMENT AUTHORIZATION".

    These were the only two entries on my status on https://egov.uscis.gov. So far so good.

    3. I decided to log on to this site this morning to check my status and saw a third entry in my case. It says the form number is I485 and they receieved it on 04/20/2009 and the case status is "APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS".
    I didnt do anything on 04/20/2009. So it seems like the I485 that I submitted along with I765 on 08/10/2007 was finally receieved by USCIS on 04/20/2009?. When I click on my case number, it says "On July 6, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case." and that it is with Texas Service Center. I checked TSC timings and looks like they are at 08/30/2007. Is this the date they first receieved my application (July 6, 2007) or the last update date (04/20/2009 .... look at #3 above). If it is the latter, I am still three years behind. If it is the first application date, then I have some hopes.

    Sorry for the long post and to make you read all this. Any help will be appreciated.

    thanks,



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  • belmontboy
    01-12 06:05 PM
    Its official - "FloridaSun is a moron"!





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  • kk_kk
    07-16 06:01 PM
    Thank you for your reply.



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  • PDOCT05
    10-29 01:10 PM
    ^^^^^^^^^^^^^bump^^^^^^^^^^^^^^^





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  • Ramba
    09-17 06:53 PM
    My PD is July 2004,
    RD July 2, 2007 - NSC
    ND : Aug 9, 2007
    I-140 (EB2) approved in Nov 2006 (Single I140)
    NC Cleared Oct 2007
    Biometrics Updated by USCIS on Feb 2009
    Case Preajudicated on Apr 13 2009 after response to EVL Rfe received by USCIS.
    Last slud on Apr 14, 2009.

    I opened SR's on 3rd Sept 2009 to check the status of my I-485 and got a disturbing email that I am in EB3 category and visa not available. Opened another SR to clarify this but did not get proper reply. Also they said they cannot correct the EB category.
    Went for an infopass today and the IO told that my current EB classification is E37 and my spouse as E39. This means that I am in EB3. (See GC codes - GREEN CARD CATEGORY CODES (http://www..com/usa-discussion-forums/i485-eb/125892951/green-card-category-codes))

    ?
    Look a like USCIS has put me in incorrect EB classfication. My Attorney said he will write to USCIS but I wanted to know if I can do anything to get this corrected.
    I wanted to know if anyone faced similar issue and how to fix this .
    Is there a normal/expedited way to contact USCIS-NSC to correct this type of issues?
    Because of this mistake I am seriously affected and losing precious time when the dates for EB2 are current.

    PLEASE HELP.:confused: :mad:

    what does your I-140 approval notice say? Have you showed the I-140 notice to IO at infopass?



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  • vinabath
    04-07 10:37 AM
    Just got it. Right now.Thanks guys.

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Approval notice sent.

    On April 7, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.





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  • barktasobebark15
    05-11 02:14 AM
    we'll have to move. I have teflon sliders I was hoping would work, so when done putting in the new carpet,



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  • go_guy123
    03-12 03:57 PM
    80-90% of H1B visa holders are on contract positions only and that was the sole purpose. Are you trying to say that all these H1B visa holders should take up permanent positions with the clients. One can do this also, no big deal but then who is going to cover the risk of layOff which can happen anytime with these permanent positions.
    At least consulting companies do not lay you off and ur GC process doesn't gets screwed up in between and one doesn't gets out of status all of a sudden.

    Also there had been some fraud cases by few of the consulting companies, but not all are fraud. Moreover tightening these rules doesn't stops the fraud company's, it stops all the valid consulting companies as well to run the business.

    The H1B rules said that the job should not be temporary or seasonal in nature. It has been flouted over the years and only recently USCIS started crackdown on this clause.

    Over the years American companies pretty much used H1B exclusive through a third party so that that they don't appear under the DOL H1B sponsoring company lists.

    USCIS is pretty much going back to the original clauses/intent of H1B that were laid out in 1990.





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  • HereIComeGC
    04-22 03:47 PM
    its good to see data like this after a while...if nothing else...it provides a snapshot of where we are.

    Yes. That was exactly my intent. Good to refresh where we have been. Its intersting to note that for most of 2006 - dates did not move much and stayed around Jan 2003. So, presumably most of the cases prior to Jan 2003 would have been cleared.



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  • whoever
    01-22 12:24 PM
    like the url of the site you read it at? I am wondering when those numbers were published -- i mean which year they were published? was there any mention of how many applications are still pending at bec?





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  • vine93
    01-22 03:12 PM
    Most of the Nationalised bank ( SBI, PNB ) do not charge Pre-payment penalty. Though it clearly mentioned in their policy , you should check while taking the loan. It is negotiated also. I have IDBI loan with facility of no pre-payment penalty.

    Tell your banker not to extend the tenure of Loan when they increase the loan percentage. As they keep your EMI same but they change the tenure. That makes you nervous when you want to payoff your loan minus 13 months.



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  • wandmaker
    09-17 11:13 PM
    Hi, My wife and I received three emails each regarding 485 approval ("notice mailed welcoming new permanent resident," "CPO ordered," and "approval notice sent") on 9/8. My wife received her "welcome notice" and the card itself within a few days. But I have not received either yet.

    1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?

    2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.

    Take infopass, go with your welcome notice, get 551 stamp - it will allow you to travel until you get the physical card. Usually, 551 stamp is valid 1 year from the date of stamping.





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  • tdasara
    02-08 07:33 AM
    L1A is for managers and you actually have to work atleast one year outside the US to apply for a GC (L1A - GC)

    L1B is most commonly used (abused). There is no minimum required pay and has no cap. Moving from L1B to H1b is a nightmare.



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  • scubadude
    May 27th, 2005, 03:05 PM
    Armed with that information you can make the following decisions:
    a. I need to blur that background so I need a wide aperture, better switch to aperture priority and crank it up.

    Roger

    b. humans need catchlights in their eyes so i better use some fill flash (you do have your flash mounted all the time right? lol)

    All I have so far is the mounted flash that came with the camera (Canon Digital Rebel)

    c. hmmm even though she's got a heart of gold and a great smile she gets rather stern looking when i stick this big camera in her face so I have a choice. I can hang out and get a couple of candids when her guard is down, or I can talk to her and get her feeling comfortable about what i'm doing and how she looks.

    Actually, at the time, it wasn't in her face. I was down on the field and used a zoom lens at about a 250-ish focal length

    d. these dang digital slr's are sooooo unforgiving to these poor ladies that i'll bump up my exposure compensation +1/3 to +2/3 to give her a brighter, "cleaner" look.

    I've found that the Canon Digital Rebel tends to go dark, so I'm already shooting at about a +1, but then again, I've only had it for about two weeks now.

    e. ok now remember to get the focus point on those eyes and get the eyes above the centerline.


    I know it sounds like a lot but with practice and taking lots of pictures and participating in places like dphoto you'll be able to do that kind of drill in the blink of an eye. You will only "need" photoshop for refinement and creative ideas and not need to "fix" photos. You've got good gear and a good attitude and the world is filled with subjects so you're on the right track to success. later, kevin

    Thanks a lot for your post! Lots of good info!

    John

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  • thesparky007
    04-25 07:25 PM
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  • pmgthj
    03-13 09:53 PM
    Please help! My I-485 was denied by a local USCIS officer because of visa availability. My case is EB2 PERM based and I filed I-485 in July 2007 when the visa number was available.

    Apparently USCIS made a mistake if they have any knowledge of the wellknown visa bulletin fiasco of July 2007 (Visa bulletiin No. 107). What should I do to correct this? If I file a motion to reopen (MTR), it will cost me $1500 legal fee+$585 filing fee. Any suggestions are really appreciated.

    Here is what it said:" At the time you filed your I-485, the Visa Bulletin of the Department of State provided that the employment based visas were unavailable for persons in your category. Section 245.2 of title 8 of the Code of Regulations (CFR) states, in part:'an immigration visa must be immediately available in order for an alien to properly file an adjustment application under section 245 of the Act," ...





    seebi
    03-14 09:19 AM
    Thanks desi3933 for the USCIS links.





    english_august
    07-09 08:18 PM
    Guys - you can surely spend a couple of hours. And as a bonus, you might even see yourself on the evening news :D.

    It's not often that we get to talk to so many media organizations at the same place - this is really a golden opportunity, please don't let it go by.



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